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Birkett Long LLP
General

General

  • Acknowledgement of serviceThis must be filed by a defendant if they are unable to file their defence within a specified period or if they wish to dispute the jurisdiction of a...
  • ActAct of Parliament - primary legislation enacted by...
  • ActionProceedings issued in the County or High Court. (Now known as...
  • Address for ServiceThis is where one party will accept the delivery or service of legal...
  • AdjournmentThe temporary suspension of the hearing of a...
  • Administrative CourtPart of the High Court which deals with Judicial...
  • Admissible(Evidence) which is allowed to be used in a...
  • AdversarialThe system of justice used in British courts for trying to get at the truth, based upon argument between two...
  • AdvocateSomeone (generally a Barrister or Solicitor) who represents a party in a Court...
  • Affidavit A written statement which is confirmed on oath or by...
  • AffirmAlternative to swearing a document on oath to promise that it is...
  • Allocation questionnaireThis is issued to all parties after a defence has been filed, and is used to decide which track the case will be allocated...
  • Alternative Dispute Resolution (ADR)This is the collective term for the ways in which parties can settle civil disputes without the need for a formal court...
  • AppealAn application to a higher court for a review of the decision of a lower...
  • AppellantPerson who instigates an...
  • ApplicantThe person who is bringing the proceedings to...
  • Arbitration The process of using an independent third party, agreed by both sides, to settle disputes without going to...
  • Assisted PersonA party to legal proceedings who is receiving legal...
  • AwardThe amount of damages assessed by a...
  • BarThe body to which all Barristers...
  • BarristerLegal professionals who have rights of audience before all...
  • Basic ChargesGeneral charges incurred for legal...
  • Bench WarrantA warrant issued by a judge for a defendant who is missing which requires them to be arrested and brought before...
  • Bill of CostsA detailed statement of a party's...
  • Bona FideIn good...
  • BriefWritten instructions and history of a case which is sent to a...
  • Burden of ProofThe standard of proof which must be shown in order to win a...
  • Case NumberA unique reference number which is allocated to each...
  • ChambersOffices used by a barrister. Alternatively, a private Court from which the public are excluded in which a Judge may conduct certain...
  • Chancery DivisionA section of the High Court, divided between Chancery Chambers and Bankruptcy and Companies...
  • Circuit JudgeCircuit judges must be lawyers who have held a 'right of audience' for at least ten years, and must also have served either part-time as a recorder on criminal cases or full-time as district judges on civil cases before they can be...
  • CivilMatters concerning private rights as opposed to offences against the...
  • ClaimProceedings issued in the County or High Court. Previously known as an...
  • Claim FormForm on which a Claim is issued (previously known as a...
  • ClaimantPerson issuing a Claim (previously known as the...
  • Co-RespondentA person joined as a party to...
  • Commissioner of OathsSolicitors authorised by the Lord Chancellor to administer oaths and affirmations to a statement of...
  • Common LawLaw established by precedent from judicial...
  • CompensationSum of money paid in respect of loss, breakage, hardship, inconvenience or personal...
  • ConciliationThis is where disputing parties attempt to reach an agreement out of...
  • Concurrent WritThis is a duplicate of an original...
  • Conduct MoneyMoney paid to a witness in advance of the hearing of a case as compensation for time spent attending...
  • Conjoined AppealThis is when appeal claims are joined in...
  • Contempt of CourtDisobedience or wilful disregard to the judicial...
  • Costs orders An order in court proceedings determining who should pay for each party’s...
  • CounselA...
  • CounterclaimA claim made by a defendant against a claimant in an...
  • County CourtCourt dealing with civil...
  • CourtBody with judicial...
  • Court Order The recorded decision of a judge, once he has heard and considered the evidence from all parties in the...
  • Court RoomPlace where cases are...
  • Court of AppealThe second highest court in the land, after the House of...
  • Court of ProtectionThe branch of the High Court with jurisdiction over the estates of people mentally incapable of handling their own financial...
  • CovenantA formal agreement or a contract which constitutes an obligation to perform an...
  • DamagesAn amount of money claimed as compensation for physical or material...
  • DeclarationCourt order setting out the rights of a party in the form of a...
  • DecreeAn order of the Court in proceedings commenced by...
  • DeedA formal document signed and witnessed or...
  • Default JudgmentObtained by the claimant as a result of the failure of a defendant to comply with the requirements of a...
  • DefendantThe party against whom proceedings are...
  • DeponentPerson giving evidence by...
  • DepositionA statement of evidence written down and sworn on oath or by...
  • Detailed Assessment (of costs)Where costs are dealt with by the drawing of a bill of...
  • DeterminationAct of scrutinising a bill of costs in criminal proceedings to see if the work done and amount claimed is...
  • Direct ExaminationThe questioning of a witness by the party who called...
  • Directions Instructions given by a judge to proceed the case once he has considered the facts presented by the...
  • DisbursementPayments made by a solicitor or barrister other than those covered by the Basic...
  • Disclaimer A document which denies legal...
  • DisclosureProviding information to both the court and to the other...
  • DiscontinuanceNotice given by the Court, on instruction by the claimant, that they no longer wish to proceed with the...
  • Discovery of documentsMutual exchange of evidence and all relevant information held by each party relating to the...
  • DismissalTo make order or decision that a claim be...
  • District JudgeJudges whose duties involve hearing applications made within proceedings and final...
  • DomicileThe country in which a person is normally...
  • Dominant Land The land which enjoys the benefit of the easement....
  • Duty of CareA duty to take reasonable care not to cause physical, psychiatric or economic loss or...
  • Engrossment The final version of a...
  • Entry of JudgmentDecision of the Court in favour of one or other of the...
  • European Court of JusticeThe highest court in the European...
  • Ex parteMeaning 'on behalf of only one...
  • Expert WitnessPerson employed to give evidence on a subject in which they are qualified or have...
  • Fee EarnerA solicitor who is carrying out specific...
  • FilingDocuments sent to the court for sealing and...
  • GuarantorSomeone who promises to pay money to creditors in case it isn't paid by a...
  • High Court A Civil...
  • House of LordsThe highest court in the...
  • InjunctionAn order by a Court either preventing or requiring someone to carry out a certain...
  • InquisitorialThis system of justice aims to get at the truth without the "conflict" part of the Adversarial...
  • Inspection of DocumentsArrangements made to allow mutual exchange and copying of documents, following disclosure of...
  • InstructionJob given to a...
  • Interim HearingA court hearing which does not reach a final...
  • Interim OrderAn order during the course of court proceedings which is not the final...
  • Interim Payments/DamagesA payment made as a result of a court order or as offered by an opponent before the case is...
  • InterlocutoryInterim or pending a full...
  • IssueTo initiate legal proceedings in pursuit of a...
  • JudgeAn officer appointed to administer the law and who has authority to hear and try cases in a Court of...
  • Judgment The final decision of a Court  A Judge’s final decision ...
  • Judicial ReviewThe review of decisions of lower courts and public bodies by the High...
  • JurisdictionThe area and the matters over which a Court has legal...
  • JurorA person who has been summoned by a Court to be a member of the...
  • JuryBody of jurors sworn to reach a verdict according to the evidence in a...
  • Jury SummonsOrder to attend jury...
  • Justice of the PeaceA lay person who is appointed to administer judicial business in a Magistrates...
  • LawThe system made up of rules established by legislation, custom or...
  • Law LordsThe judges who sit in the House of...
  • Legal Aid Money paid by the Government for legal expenses of people who are deemed not able to afford it Government help for those who cannot afford legal representation ...
  • Legal Executive Solicitor’s "unadmitted"...
  • LibelA written and published statement or article which causes harm to...
  • LitigationLegal...
  • LodgingThe process of delivering documents to a...
  • Lord ChancellorThe cabinet minister who acts as speaker of the House of Lords and oversees the hearings of the Law...
  • Lord Chief JusticeSenior judge of the Court of Appeal (Criminal Division) who also heads the Queens Bench Division of the High Court of...
  • Lord Justice of AppealTitle given to certain judges sitting in the Court of...
  • Master of the RollsSenior judge of the Civil Division of the Court of...
  • MitigationReasons submitted in proceedings on behalf of the defendant in order to minimise the...
  • MotionAn application by one party to the High Court for an order in their...
  • Notary PublicSomeone who is authorised to swear oaths and certify the execution of...
  • Notice of IssueNotice sent by a Court to a claimant which gives notification of the case number allocated to their action and any details of fees...
  • Notice of applicationThe document by which proceedings are brought to a...
  • OathA verbal promise by a person with religious beliefs to tell the truth in...
  • Official SolicitorA solicitor or barrister appointed by the Lord Chancellor and working in the Lord Chancellor's...
  • On NoticeWhen the other party is given notice of, and served with, an...
  • Open correspondenceCorrespondence between solicitors which is not marked “without...
  • Oral ExaminationA method of questioning a person under oath before an officer of the Court to obtain details of their financial...
  • OrderA direction by a...
  • Part 36 OfferThis is essentially a settlement...
  • ParticularsDetails relevant to a...
  • PartyAny of the participants in a Court action or...
  • PatientA person who is deemed incapable of handling their own affairs by reason of mental...
  • Penal NoticeA court warning notifying the recipient that a breach of the order will result in committal to...
  • Personal ApplicationApplication made to the Court without legal...
  • Personal ServicePersonal delivery of a claim, summons or...
  • PlaintiffPerson issuing a Claim (now known as...
  • PleadingDocuments setting out a claim or defence of parties involved in civil...
  • Power of ArrestAn order attached to some injunctions to allow the police to arrest a person who has broken the terms of an...
  • Pre-trial ReviewA preliminary appointment to consider the issues before the Court and fix the timetable for the...
  • PrecedentThe decision of a case which established principles of law that act as an authority for future cases of a similar...
  • ProcessThe document commencing a claim or subsequent...
  • Public TrusteeOfficial who can act as an executor or administrator of an estate of a deceased person, or as a...
  • Puisne JudgeRefers to any judge of the High Court other than the heads of each...
  • QuantumIn a damages claim the amount to be determined by the...
  • QuashTo declare no longer...
  • Queen's Counsel (QC)Senior...
  • Queens Bench DivisionDivision of the High...
  • ReceiverPerson appointed by the Court of Protection to act on behalf of a...
  • RecorderMembers of the legal profession who are appointed to act in a judicial capacity on a part time...
  • RedeterminationAn application by a solicitor or barrister to reconsider amounts assessed by...
  • RemedyPayments or other actions ordered by a court in order to settle a...
  • RespondentThe party against whom proceedings are...
  • Restitution When a Warrant of Restitution must be...
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Latest blog

Furlough scheme to be extended

  • Posted2021-03-04 00:00

In the budget speech on 3 March 2021, the Chancellor, Rishi Sunak, announced that the furlough...

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Essex law firm advises on successful sale

2021-02-16 13:31
Essex law firm, Birkett Long has advised the owners of GB Underwriting on their sale of the...
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  • Basildon 01268244144
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Basildon:
Birkett Long LLP
Phoenix House
Christopher Martin Road
Basildon
Essex
SS14 3EZ

Tel: 01268 244144

Chelmsford:
Birkett Long LLP
Faviell House
1 Coval Wells
Chelmsford
Essex
CM1 1WZ

Tel: 01245 453800

Colchester:
Birkett Long LLP
1 Amphora Place
Sheepen Road
Colchester
Essex
CO3 3WG

Tel: 01206 217300

Europe:
BL Intellectual Property Malta Ltd
Junction Business Centre
1st Floor, Sqaq Lourdes
Swieqi
St Julian's
Malta
SWQ 3334

Tel: 356-23-43-1042

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