PPC1 Litigation key terms

The claimant's principal pleading, setting out the material facts relied on, the cause of action, and the remedy sought. It must disclose a reasonable cause of action and is served with the claim form to commence proceedings.

The set of facts that, if proved, entitles a person to a remedy against another. It defines the scope of the dispute, determines jurisdiction, and sets limits on what may be pleaded and recovered.

The legal right of a party to bring a claim or be heard on a particular issue, usually because of a sufficient interest in the subject matter. Lack of standing can lead to dismissal without consideration of merits.

The procedural mechanism for adding claimants or defendants to existing proceedings, typically where they share a common question or the relief affects their rights. Courts may order joinder to avoid multiplicity of actions.

A procedure by which a defendant brings in another person who may be liable to contribute to or indemnify the defendant against the claimant's claim, or who raises issues connected to the original dispute.

A claim brought by the defendant against the claimant within the same proceedings, usually arising from the same or related facts. It is pleaded in the defence and proceeds as an independent action for procedural purposes.

A defence or cross-claim reducing or extinguishing the claimant's monetary demand by an opposing debt or claim owed by the claimant to the defendant, whether at law, in equity, or by insolvency rules.

A detailed statement attached to or served with the statement of claim, expanding the material facts with dates, amounts, documents, and specific allegations so the defendant can plead a response and prepare for trial.

The defendant's pleading responding to each allegation in the statement of claim, admitting, denying, or requiring proof, and raising any positive defences. Failure to deal with an allegation may be treated as an admission.

A claimant's pleading served after the defence, addressing new matters raised in the defence and pleading facts in answer. It is optional and does not repeat the statement of claim.

A court order dismissing all or part of a pleading or claim because it discloses no reasonable cause of action, is scandalous or vexatious, or is an abuse of process. It may be sought by application or on the court's own initiative.

A judgment entered without trial where the claimant or defendant shows the other has no real prospect of success and there is no other compelling reason for trial. It requires evidence, usually witness statements or documents.

A judgment entered for the claimant when the defendant fails to acknowledge service or file a defence within the prescribed time. It is available only in certain claims and may be set aside on application.

The court's power to annul or vary an order, judgment, or default judgment, often where there is a good explanation for the default, a real prospect of defending, and no prejudice to the other side.

A request to the court for an order or direction made during the course of proceedings, before final judgment, such as for interim relief, disclosure, amendment, or extension of time. It is usually supported by evidence.

A temporary order restraining a party from doing an act or requiring action to preserve the status quo until trial. The applicant must show a serious issue to be tried and that damages would not be an adequate remedy.

An interim injunction restraining a party from dealing with or disposing of assets, typically to prevent dissipation before judgment. It requires full and frank disclosure, a good arguable case, and an undertaking in damages.

A promise given to the court by an applicant for interim relief to compensate the respondent for loss suffered if the order later proves unjustified. It is a usual condition of granting an injunction.

The duty of an applicant for an ex parte or without-notice order to present all material facts, including those unfavourable to the application. Breach may lead to discharge of the order and costs sanctions.

An application made without notice to the other party, permitted only in urgent or exceptional circumstances where notice would defeat the purpose of the order. The court may require the order to be reviewed on notice.

A hearing at which the court gives directions for the conduct of proceedings, including timetables for pleadings, disclosure, expert evidence, and trial. Attendance and compliance with directions are enforced by sanctions.

Orders setting out the steps each party must take and the deadlines for doing so, such as serving witness statements or exchanging documents. Non-compliance may result in sanctions, including strike-out or costs orders.

An order requiring a party to comply with a specific direction by a stated date, failing which the claim or defence is automatically struck out or some other sanction applies. It is a strong case management tool.

An application to be excused from a sanction imposed for breach of a rule, practice direction, or court order. The court considers the seriousness of the breach, the reason for it, and the interests of justice.

An order permitting a party to take a procedural step after the deadline has passed. Courts consider the length of and reason for delay, prejudice, and the merits before granting it, especially where a sanction applies.

The stage at which parties identify and make available to each other documents relevant to the issues in dispute, including documents adverse to their own case. It supports fair trial preparation and settlement.

The default disclosure obligation requiring a party to disclose documents on which it relies, documents that adversely affect its case or support another party's case, and documents required by a relevant practice direction.

An order requiring a party to disclose particular documents or classes of documents, or to carry out a further search, where standard disclosure is inadequate. The applicant must identify the documents sought with reasonable precision.

An order compelling a third party who has become mixed up in wrongdoing, even innocently, to disclose information or documents identifying the wrongdoer, so the claimant can pursue the real defendant.

The right to withhold from disclosure confidential communications between lawyer and client for the purpose of legal advice, and communications made in contemplation of litigation. It belongs to the client.

A label applied to settlement communications made in a genuine attempt to resolve a dispute, which generally cannot be shown to the court on issues of liability or quantum, except as to costs or where the rule is abused.

A settlement offer made without prejudice save as to costs, which the court may consider when deciding costs after judgment. A party who unreasonably rejects a better offer may face adverse costs consequences.

A formal settlement offer made under procedural rules governing offers to settle, carrying automatic costs and interest consequences if not accepted and the offering party obtains a judgment at least as favourable.

Written evidence sworn or affirmed before a person authorised to administer oaths, used in interlocutory applications and sometimes at trial. False statements may constitute perjury or contempt.

A signed written account of a witness's evidence, served in advance of trial in accordance with directions. It stands as evidence in chief unless the court orders otherwise, and the witness may be cross-examined on it.

A statement made out of court that is relied on to prove the truth of its contents. Its admissibility and weight depend on the applicable evidence rules, and notice requirements may apply in civil proceedings.

The questioning of an opposing party's witness, testing the accuracy, credibility, and consistency of their evidence. Leading questions are permitted, and the witness may be challenged with prior inconsistent statements.

The questioning of a party's own witness to elicit their evidence, generally without leading questions. Its purpose is to present the witness's account clearly and completely before cross-examination begins.

The obligation on a party to prove a fact or issue to the required standard. In civil litigation the claimant generally bears the burden on matters it asserts, while the defendant bears it on affirmative defences.

The degree of persuasion required to discharge the burden of proof. In civil proceedings it is the balance of probabilities, meaning it is more likely than not that the fact is true.

The court's final determination of the rights and obligations of the parties, including any relief granted and the reasons for the decision. It is enforceable and may be appealed within the applicable time limit.

A direction or decision of the court that is not a final judgment, such as a procedural direction or an interlocutory ruling. Orders may be enforced and, where permitted, appealed.

The legal processes used to compel a judgment debtor to satisfy a judgment, including seizure and sale of goods, garnishee orders, charging orders, and examination of the debtor's assets.

A court document authorising an enforcement officer to take steps such as seizing and selling a judgment debtor's goods to satisfy a money judgment, usually issued after the judgment debt remains unpaid.

An order imposing a charge on a judgment debtor's interest in land or securities to secure payment of the judgment debt, which may later be enforced by sale or appointment of a receiver.

A challenge to a judgment or order brought before a higher court, usually on grounds of error of law, procedural irregularity, or a decision that was plainly wrong. Time limits and permission requirements apply.

A suspension of enforcement of a judgment or order, often pending appeal or settlement. The court weighs the merits of the appeal, prejudice to the parties, and the risk of the appeal being rendered nugatory.

A court order determining which party pays the legal costs of proceedings and on what basis. The general rule is that the unsuccessful party pays, but the court retains discretion considering conduct and settlement offers.

A basis of costs assessment under which the receiving party recovers a higher proportion of costs actually incurred, usually where a party has behaved unreasonably or rejected a favourable settlement offer.

An order requiring a claimant to provide funds or other security to cover the defendant's costs if the claim fails, typically where the claimant is resident abroad or impecunious and there is reason to doubt recovery.

The use of court procedures for an improper purpose or in a manner that is unfair or oppressive, such as relitigating matters already decided. Courts may strike out claims or impose sanctions.

The principle that a matter finally decided by a competent court cannot be relitigated between the same parties. It promotes finality and protects against repeated or vexatious litigation of the same dispute.

The statutory time limit within which proceedings must be commenced after a cause of action arises. Expiry usually provides a complete defence, subject to exceptions for disability, fraud, or deliberate concealment.

The formal delivery of court documents, such as a claim form, to a party in accordance with prescribed rules, so that proceedings are validly commenced and the party has notice of the claim.

A confidential, facilitated negotiation in which a neutral third party helps disputants reach a voluntary settlement. It is encouraged by courts, and unreasonable refusal to mediate may affect costs.

An agreement resolving a dispute, in whole or in part, usually recorded in a written agreement or embodied in a consent order. Once final, it may bar further litigation of the settled issues.

A court order made with the agreement of all parties, giving the terms of their settlement the force of a court order and making them enforceable without the need for a trial.