Legal terms explained

A plain-English guide to the words you will meet if you are going to court without a lawyer in England and Wales. It goes with our book, Alone in Court. It is general information, not legal advice. If a word in your own papers is not here, look it up before you act on it.

Acas early conciliation. Before you can bring most employment tribunal claims, you must contact Acas, which will try to help both sides settle. You need the early conciliation certificate number to make your claim.

Acknowledgment of service. A form a defendant sends to the court to say they have received a claim and intend to defend it. It buys extra time to file a defence.

Adjournment. When a hearing is postponed or paused to another date.

Appeal. Asking a higher court to change a decision. You usually need permission, and time limits are short, often 21 days.

Applicant and respondent. The person who makes an application (applicant) and the person on the other side of it (respondent). Used in family cases and in applications within a case.

Application notice (form N244). The form you use to ask the court to make an order during a case, for example to extend a deadline or set aside a judgment.

Bundle. The indexed, page-numbered file of documents the court will use at a hearing. Judges expect everyone to work from the same bundle.

Case management. The court's directions about how a case will run: what each side must do, and by when.

Civil Procedure Rules (CPR). The rules that govern civil cases in England and Wales, with practice directions that explain them. They are free to read online.

Claim form. The document that starts a civil claim. It is backed up by the particulars of claim.

Claimant and defendant. The person bringing a civil claim (claimant) and the person it is brought against (defendant).

Consent order. An order both sides agree to, which the court then approves.

Costs. Legal costs. In most civil cases the loser is usually ordered to pay the winner's costs, which is why a costs threat can be frightening. In the small claims track and in employment tribunals, costs orders are much rarer.

Counterclaim. A claim a defendant makes back against the claimant within the same case.

County Court. The court that deals with most civil claims, such as debts, contracts and housing.

County Court Judgment (CCJ). A court order to pay money. If it is not paid within a month, it is recorded on a public register and can affect your credit.

Default judgment. A judgment given against a defendant who has not responded to a claim in time. It can sometimes be set aside.

Defence. The defendant's written answer to a claim, saying what they agree with and what they dispute.

Directions. Instructions from the court about the steps to take before a hearing, with deadlines. Missing them can have serious consequences.

Disclosure. Each side showing the other the documents relevant to the case, including ones that harm their own case.

Employment tribunal. The tribunal that hears most employment claims, such as unfair dismissal and discrimination. Time limits are short and strict, so check yours straight away.

Enforcement. The ways of making someone obey a judgment, for example through enforcement agents (bailiffs) or deductions from earnings.

Exhibit. A document attached to a witness statement and referred to in it.

Hearing. Any time the judge considers your case, in person, by phone or by video.

Help with Fees. The government scheme that reduces or removes court and tribunal fees if you are on a low income. Apply using form EX160 or online.

Injunction. A court order telling someone to do, or stop doing, something.

Judgment. The court's decision in a case.

Legal aid. State-funded legal help. Since 2013 it has been unavailable for most civil cases, though it remains for some, for example where there is domestic abuse.

Letter before claim. A letter setting out a claim before court proceedings are started, giving the other side a chance to respond. Courts expect one.

Limitation period. The time limit for starting a claim. For most contract claims it is six years, for personal injury three years. Once it has passed, a claim is usually lost.

Litigant in person (LiP). Someone who represents themselves in court without a lawyer.

McKenzie Friend. A lay person who sits with you in court to take notes, help with papers and quietly advise you. They cannot usually speak for you without the court's permission.

Mediation. A confidential, voluntary process in which a neutral person helps both sides try to agree a settlement.

Order. A formal instruction from the court. You must obey it. Breaking a court order can be contempt of court.

Overriding objective. The first rule of the CPR: the court must deal with cases justly and at proportionate cost, including putting the parties on an equal footing.

Part 36 offer. A formal offer to settle under Part 36 of the CPR. If it is rejected and the other side does no better at trial, there can be costs consequences.

Particulars of claim. The detailed statement of what the claim is about and what is being asked for.

Position statement. In family cases, a short document setting out what you want the court to decide and why.

Possession order. An order that a tenant or homeowner must leave a property, usually after a landlord's or lender's claim.

Practice direction. Official guidance that sits alongside the CPR and explains how the rules work in practice.

Pre-action protocol. The steps the courts expect both sides to take before starting certain kinds of claim, such as exchanging information and trying to settle.

Service. Formally delivering court documents to the other side, in a way the rules allow, by a deadline.

Set aside. To cancel an order or judgment, for example a default judgment.

Skeleton argument. A short written outline of your arguments, with the rules and cases you rely on, given to the judge before a hearing.

Small claims, fast, intermediate and multi-track. The four tracks a civil case can be allocated to, mainly by value. The small claims track is for most claims of £10,000 or less and is the simplest.

Statement of truth. The signed statement at the end of a court document confirming that you believe the facts in it are true. Signing one falsely can be contempt of court.

Stay. A pause in a case, often to allow the parties to try to settle.

Strike out. When the court removes all or part of a claim or defence, for example because it discloses no reasonable grounds.

Subject access request (SAR). Your right under data protection law to ask an organisation for a copy of the personal data it holds about you. It is free in most cases and must usually be answered within a month.

Summary judgment. A decision made without a full trial, because one side has no real prospect of success.

Without notice. An application made without telling the other side first, used only in urgent or exceptional cases.

Without prejudice. Words used on letters or in discussions aimed at settling a dispute. What is said cannot usually be shown to the court.

Witness statement. A written account of the facts, in your own words, which stands as your evidence and ends with a statement of truth.