The Children and Family Court Advisory and Support Service (Cafcass) looks after the interests of children involved in family proceedings. It is independent of the courts and social services, but works under the rules of the Family Court and legislation.

In the civil law. A method of dividing property held in common by two or more joint owners.

The basic assets of a business or an individual, including cash, equipment and property that has value in producing revenue.

A tax allowance for businesses on capital expenditure on particular items. These can include machinery plant and industrial buildings.

A court order placing a child or young person under the supervision of a local authority or a probation officer in a case of delinquency or where care proceedings are appropriate. A supervision order may also refer to a parent being allowed access to their child under the supervision of a court representative.

In taxation accounting, using a tax year’s deductions, business losses or credits to apply to the following year’s tax return to reduce the tax liability.

An action, suit or claim in a court of law. The term can also mean the arguments put forward by parties in a court of law.

Case Disposal is when a case is taken out of the court process.

Case Management Conference is a meeting between all parties to a case and the Judge to check the progress of the case, with regards to costs and other matters. The numbers of CMCs held depend on the complexity of the case.

Civil cases are allocated to one of three Case Management Tracks, depending on financial value, issues of law and the likely duration (length) of the case. The three tracks are:
– the small claims track in which cases to the value of five thousand pounds can be considered and the claimant does not have to have legal representation
– the fast track for cases of value between five and fifteen thousand pounds and
– the multi- track for cases of value over fifteen thousand pounds. Legal representation is advisable in the fast and multi-tracks.

A Case Number is a reference number given to each case by the issuing court.

The written statement setting out the facts of a case. It is produced by a magistrates’ court when asking the High Court for an opinion on the law.

The financial value of a case – known as Case Value – is one of the factors used to asses which track a case (claim) should be allocated to.

The basis of a lawsuit founded on legal grounds and alleged facts which, if proved, would constitute all the “elements” required by statute.

A Caution is an official or legal warning, given by a Police Officer, to someone who has committed a minor offence but has not been charged.  Can also refer to notice given to the Land Registry by a person with an interest in particular land to ensure that no action is taken in respect of the land without the person’s knowledge.

A Caveat is a notice given to the registrar which prevents action by a party without notifying the other party.

Certificate of Legal Aid Costs is a certificate of costs allowed following taxation by a judicial or taxing officer (Previously referred to as an Allocatur).

A Certificate of Service is a document stating the date and manner in which the parties were served (given) a document. For example where a claim form is served by the claimant court rule requires the claimant to file a certificate of service within seven days of service of the claim form otherwise he may not obtain judgment in default.

Cessate is a grant of representation of limited duration which has ceased and expired.

When either side in a case objects to the people who have been selected to serve on the jury before they are sworn in.

These are essentially rooms used either as the offices of a barrister or a private area where a judge may hold specific types of hearings.

This search reveals any leftover medieval liabilities on the property to help pay for church repairs. The potential buyer may wish to take out chancel repair insurance instead for around £20.

The Chancery Division is part of the High Court. It deals with cases involving land law, trusts and company law.

A Character Witness is a witness who testifies to the general character and reputation of the person on trial.

A Charge is a formal accusation against a person that a criminal offence has been committed.

A certificate which the Land Registry issues to the legal mortgagee (the lender) who has lent money on the security of registered land. It is proof of the legal mortgagee’s right to the security.

The document on which a police officer records details of the accusation against a suspect.

A Charging Order is a court order directing that a charge be put on the judgment debtors’ property, such as a house or piece of land to secure payment of money due. This prevents the debtor from selling the property or land – without paying what is owed to the claimant.

A Chattel (in general use) is a personal possession. In Law, it is an item of property other than freehold land, including tangible goods and leasehold interests.

Child Abuse is the term is applied to the often violent and inhuman behaviour that an adult shows toward a child.

Child Custody is the term applied to the support and control of a child that is determined by the court when the parents of the child are divorced or separated.

The Child Support Agency (CSA) is an executive agency of the Department for Work and Pensions, which is responsible for administering the system of child maintenance under which non-resident parents are required to pay towards the upbringing and support of their children.

A Circuit Judge is a judge between the level of a High Court Judge and a District Judge, who sits in the County Court and/or Crown Court.

Circumstantial evidence is evidence that relies on an inference to connect it to a conclusion of fact—like a fingerprint at the scene of a crime. By contrast, direct evidence supports the truth of an assertion directly—i.e., without need for any additional evidence or inference.

The Citizen’s Advice Bureau is a charity which can offer free legal and financial advice to the general public.

The term Civil refers to matters concerning private rights and not offences against the state i.e. accidents, business, contracts, domestic relations, estates, negligence.

A Civil Case or Claim is a civil dispute that involves court action. See Claim.

Civil Determination – If the defendant offers to pay to the claimant an amount by instalments and the claimant refuses the offer, an officer of the court will make an assessment of what would be reasonable for the defendant to pay.

Civil Justice or Civil Law is a branch of the law which applies to the rights and dealings of private citizens, (including such matters as unpaid debts, negligence and the enforcement of contracts). It does not include criminal, immigration, employment or family matters.

Civil Justice Reforms are the result of the Access to Justice report by Lord Woolf. The aim is to provide more effective access to Justice through quicker, cheaper and more proportionate justice for defended cases. It introduced a unified set of Rules and Practice Directions for the County and High Courts, and Judicial Case Management. The reforms came into effect on 26 April 1999.

Civil Procedure – the rules and procedures to be followed by civil cases in county courts and High Courts.

Civil Procedure Rules are the rules and procedures for proceedings in civil courts England and Wales. An important feature is active case management by the courts.

Civil Rights are the rights of citizens to political and social freedom and equality.

Civil trials are generally held before one or more judges without a jury. The form and length of a civil trial will depend on the track to which the case has been allocated.

A Claim is the proceedings issued in the County or High Court. Previously know as an Action. See also Civil Case or Claim.

Proceedings in a civil court start with the issuing of a claim form. The form, which is issued by the court (after the claimant has filed the form in court), includes a summary of the nature of the claim and the remedy (compensation or amends) sought.

The person issuing the claim. Also known as the plaintiff.

Classified is a widely-used term defining information as being confidential, restricted, secret, or top-secret.

A Clause is a single paragraph or subdivision of a legal document, such as a contract, deed, will, constitution, or statute. Sometimes a sentence or part of a sentence.

Clear Evidence is evidence that is clear and positive and beyond the shadow of a doubt.

To be Cleared is to be free from a legal charge or imputation of guilt i.e. the suspect is cleared of murder.

To show Clemency is to show mercy or leniency.
Clemency is also to pardon or excuse a person convicted of a criminal offense.

The Clerk of the Court is the official who records all of the proceedings of the court during a trial and then holds these records.

Clinical Negligence is a broad term that denotes a breach in the duty of care involved in medical treatment. Usually concerned with claims against doctors and other healthcare professionals and their employers.

A Closing Argument or Closing Statement is the concluding statement of each party’s counsel reiterating the important arguments for their client in a court case.

The term Co-defendant applies to any of two or more individuals, companies, or institutions answering the same charge in a court of law.

A Co-litigant is a person who joins someone else in the suing of a defendant.

A co-respondent is a person named as an adulterer (or third person) in a petition for divorce.

A Code of Practice is the written guidelines of ethical standards given by an official body or a professional association to its members to help them comply with these standards. Also known as Code of Ethics or Code of Conduct.

Codicil is an addendum signed which amends or adds something to a Will.

Coercion exists when an individual is forced to behave in a particular way, by threats of violence, for example, and is not able to act freely.

These set out, in advance, what each member of the relationship expects of the other, both during the relationship and if they separate or one of them dies. They are ‘honourable agreements’, which means that not all clauses may be enforced by the courts, but they do limit disagreements and certainly provide some peace of mind.

Collaboration is working together to solve a problem.

Collaborative Law, also known as collaborative practice, divorce or family law, is a legal process enabling couples who have decided to separate or end their marriage to work with their lawyers on a settlement that best meets the specific needs of both parties and their children.

Collective Punishment is a penalty applied to each member of a group regardless of a member’s involvement in the group’s actions and conduct.

Collective Responsibility is where every member is deeemed responsible regardless of an individual member’s involvement in decisions or the member’s position or rank.

A Commercial Court is part of the Queen’s Bench Division of the High Court.

Property that is used for business activities. Includes offices, industrial property, retail property (shops), farms, and more.

– Committal for Trial: Following examination by the Magistrates of a case involving and indictable or either way offence, the procedure of directing the case to the Crown Court to be dealt with
– Committal for Sentence: Where the Magistrates consider that the offence justifies a sentence greater than they are empowered to impose they may commit the defendant to the Crown Court for sentence to be passed by a judge
– Committal Order: An order of the Court committing someone to prison
– Committal Warrant. See Warrant of Committal.

Commodities are goods, wares, and merchandise of any kind; movables; articles of trade or commerce.

The law established, by precedent, from judicial decisions and established within a community.

A Community is a society of people living in the same place, under the same laws and regulations, and who have common rights and privileges.

A Community Punishment Order involve the offender doing unpaid work in the community. These are usually handed to offenders between the ages of 16 and 17.

Usually a sum of money offered to make amends for an act, error or omission that harmed someone. The harm suffered may have been loss, personal injury or inconvenience.

A Compensation Order is an order from a court that the convicted person must pay compensation to cover the cost of the damages they committed.

Competency refers to the law of evidence. The presence of those characteristics, or the absence of those disabilities, which render a witness legally fit and qualified to give testimony in a court of justice. The term is also applied, in the same sense, to documents or other written evidence.

A complainant is a person who makes a complaint.

A complaint is expressing discontent for something.

Completion takes place when the purchase money is transferred to the seller and other fees are paid.

Compliance is the process by which an organisation ensures that it observes and complies with the external statutory laws and regulations.

An alternative to alternative dispute resolution where the parties to a dispute use a conciliator, who meets with the parties both separately and together in an attempt to resolve their differences.

A Concurrent Sentence is a direction by a Court that a number of sentences of imprisonment should run at the same time.

A Concurrent Writ is a duplicate of the original writ bearing the same date and expiring at the same time as the original.

A Conditional Discharge is a discharge of a convicted defendant without sentence on condition that he/she does not re-offend within a specified period of time.

Conduct Money is money paid to a witness in advance of the hearing of a case as compensation for time spent travelling to and attending Court.

If something is deemed Confidential it is intrusted with the confidence of another or with his secret affairs or purposes; intended to be held in confidence or kept secret.

A Conflict is the friction that happens when incompatible parties or differences.

The term Conflict of Interest can refer to:
– a situation that can undermine a person due to self interest and public interest
– a situation when parties discharge responsibility to a third party.

Conflict Resolution is a form of conversational mediation used by lawyers, aimed at preventing discord.

Conflicting Evidence is a term given to evidence that is taken from different sources that contradict each other.

In law Confrontation is a term used in criminal law. It refers to the act of setting a witness face to face with the prisoner, in order that the latter may make any objection he has to the witness, or that the witness may identify the accused.

A Consecutive Sentence is an order for a subsequent sentence of imprisonment to commence as soon as a previous sentence expires. Can apply to more than two sentences.

Consensual is a contract that can be oral or written and is agreed to by the parties involved.

Consequence is a term that is applied to the natural result of an action and that is expected to happen.

Consider means to think about, or to ponder or study and to examine carefully. A judge or jury will consider their verdict.

In civil law, Consign means to deposit in the custody of a third person a thing belonging to the debtor, for the benefit of the creditor, under the authority of a court of justice.

Consolidation is the act of combining two or more things into one. In corporate law, the union of two or more corporations into a new corporation along with the dissolution of the original corporations. See also Merger.

Conspiracy is the action of plotting. A secret plan by a group to do something unlawful or harmful.

Constructive Dismissal is the changing of an employee’s job or working conditions with the aim of forcing their resignation.

This is to presume that something is known. The law sometimes presumes that a person knows something even though they do not.

An agreement by a creditor, such as a bank, to provide up to £25,000 of credit to a consumer.

Consumer Rights are a group of laws and organisations designed to ensure the rights of consumers as well as fair trade, competition and accurate information in the marketplace. The laws are designed to prevent businesses that engage in fraud or specified unfair practices from gaining an advantage over competitors.

Contempt of Court is the disobedience or disrespect towards the judicial process, a court of law, its officers and practises.
In civil cases, failing to appear as a witness without informing the court or the party that called you. Being in Contempt of Court could result in a fine.

Contentious applies to something that can be contested or is argumentative.

To Contest is to make defense to an adverse claim in a court of law; to oppose, resist, or dispute the case made by a plaintiff.

Contraband is something that is against law or treaty; prohibited. Goods exported from or imported into a country against its laws.

A Contract is a lawful agreement entered into voluntarily by two or more parties, each of whom intends to create one or more legal obligations between them.

Contributory Negligence is the ppartial responsibility of a claimant for the injury in respect of which he/she claims damages.

A term used in civil law, to Convene is to bring an action.

The legal process of transferring property from one owner to another.

As a noun, Convict is a term that applies to a person who has been found guilty of committing a crime or a misdemeanor.
As a verb, to Convict is to find an accused guilty of crime.

A formal declaration by the verdict of a jury or the decision of a judge in a court of law that someone is guilty of a criminal offence.

The exclusive legal right, given to the originator for a fixed number of years, to make copies or license literary, artistic, or musical material, whether printed, published, performed, filmed (video) or recorded (audio).

A Coroner is a government official whose role it is to confirm and certify the death of an individual. A coroner may also conduct or order an inquest into the manner or cause of death, and investigate or confirm the identity of an unknown person who has been found dead.

The term Corroborating Circumstances is given to the facts that support the testimony that is given by a witness.

Corroborating Evidence is evidence supplementary to that already given and tending to strengthen or confirm it; additional evidence of a different character to the same point.

Corroboration is evidence, either written or oral, that supports claims made in court.

Corruption refers to dishonest or fraudulent conduct by those in power, typically involving bribery. An act done with an intent to give some advantage inconsistent with official duty and the rights of others.

Costs are the expenses that a court case can bring, including fees of solicitors and barristers.

Counsel is a barrister or other legal adviser conducting a case.

A Count is an individual offence set out in an indictment.

A Counterclaim is a claim made by a defendant against a claimant in an action. There is no limit imposed on a counterclaim, but a fee is payable according to the amount counterclaimed.

A Counterfeit is a fraudulent imitation of something else – made in exact imitation of something valuable with the intention to deceive or defraud.

A law a Counterpart is one of two copies of a legal document.

A county court deals with civil cases as opposed to criminal ones. Examples include business disputes, unpaid fines and negligence and they handle cases up to a value of £50,000.

A County Court Judgment is a judgment of the county court that orders a defendant to pay a sum of money to the claimant. CCJs are recorded on the Register of County Court Judgments for six years and can affect a defendant’s ability to borrow money.

A Court is the body with judicial powers (see also Courtroom).

The Court of Appeal is divided into civil and criminal divisions. The latter hears appeals:
– from decisions in the High Court and county courts and,
– against convictions or sentences passed by the Crown Court, (see also Public Trustee Monies held in Court, for suitors, minors, Court of Protection patients etc)

Court of Appeal is a court of law that hears appeals against both civil and criminal judgements from the Crown Courts, High Court, and County Courts.

The Court of Protection is the branch of the High Court with jurisdiction over the estates of people mentally incapable of handling their own financial affairs.

A Court Order is an order that has been written by the judge of the court and needs to be obeyed.

A Courtroom is the room in which cases are heard.

An agreement or promise to do or provide something, or to refrain from doing or providing something, which is meant to be binding on the party giving the covenant (who may be referred to as the “covenantor”).

A Cover Up is the term given to mean to hide a thing that is unlawful or to evade and impede investigations.

Credibility refers to the law of evidence. Worthiness of belief; that quality in a witness which renders his evidence worthy of belief.

A Creditor is a person who is owed money by a debtor.

Crime of Passion is the name given to a crime that is committed under circumstances that involves the compelling emotion of the perpetrator.

A Criminal is a person who has been found guilty of a criminal offence.

Criminal Determination is the act of scrutinising a bill of costs in criminal proceedings to see if the work done and amount claimed is reasonable.

The Criminal Injuries Compensation Authority (CICA) is a Government organisation that deals with compensation claims from people who have been physically or mentally injured because they were the blameless victim of a violent crime in England, Scotland or Wales.

Criminal Intent is the intent to commit a crime: malice, as evidenced by a criminal act; an intent to deprive or defraud the true owner of his property.

Criminal negligence is a far more serious form of negligence that usually involves the death of another individual. The defendant has failed to perceive the serious nature of his or her actions and instead precipitated a gross violation of the standard of care expected on an individual.

Criminal responsibility is a term in medical jurisprudence where an accuser’s mental capacity to understand the charges against him and may have no knowledge of the crime.

Cross-examination is the questioning of a witness for the other side in a case.

The Crown Court hears criminal cases that have been committed for trial before a judge and jury by a Magistrates Court. They also hear appeals for cases that were first dealt with by a Magistrates Court.

The Crown Prosecution Service (CPS) is responsible for prosecuting criminal cases investigated by the police and other investigative authorities, in England and Wales.

A lawyer (generally a solicitor or a barrister) working for the Crown Prosecution Service.

At fault or guilty of something.

A Custodial Sentence means a prison sentence. You  hav been found guilty of the crime and the punishement is the serve a set amount of time in prison.

Custody with regards to the law has two meanings:
– the protective care or guardianship of someone or something, or
– imprisonment

Duties which are charged on imports of goods into the UK and on some exports.