Civil Litigation key terms

The pleading in which a plaintiff sets out the material facts relied on, the cause of action, and the relief sought, thereby defining the issues the defendant must answer.

A detailed statement of the specific facts, dates, and allegations supporting a pleaded claim or defence, provided so the opposing party knows the case it must meet.

A written request asking the opposing party to clarify or expand vague pleaded allegations, usually made before or instead of applying to strike out a pleading.

A claim brought by a defendant against the plaintiff within the same proceedings, typically pleaded in the defence and treated as an independent action for procedural purposes.

A defence asserting that a sum owed by the claimant to the defendant should reduce or extinguish the claimant's claim, either at law or in equity.

A court order removing all or part of a pleading because it discloses no reasonable cause of action, is scandalous or vexatious, or amounts to an abuse of process.

Judgment entered without trial where the claimant or defendant shows the other side has no real prospect of success and there is no other compelling reason for trial.

Judgment entered in the claimant's favour because the defendant failed to acknowledge service or file a defence within the prescribed time limits.

A prescribed form by which a defendant confirms receipt of the claim and states whether it intends to defend, and which stops default judgment from being entered automatically.

The formal delivery of originating documents to a party in the manner permitted by the rules, which fixes the date from which time limits begin to run.

An order permitting documents to be served by an alternative method, such as email or advertisement, where normal service cannot practicably be effected.

A court order excusing the requirement to serve a document on a party, usually made where service is impossible or would defeat the purpose of the proceedings.

Evidence, commonly an affidavit or certificate of service, showing when, where, and how documents were served on a party.

A doctrine allowing a court to decline jurisdiction where another forum is clearly more appropriate and the interests of justice favour litigating there.

Service of originating process on a defendant located outside the territory, permitted only with the court's leave or where a rule or convention expressly allows it.

The authority of a court to hear and determine a dispute, whether based on the parties' connection to the territory, consent, or a statute conferring power.

A procedural hearing at which the court sets timetables, identifies issues, and gives directions to progress the action efficiently towards trial or settlement.

Orders made by the court regulating the conduct of proceedings, such as deadlines for statements of case, disclosure, expert evidence, and listing the trial.

An order requiring a party to comply with a specific step by a stated date, failing which its claim or defence is automatically struck out without further hearing.

An application asking the court to excuse a party from a sanction imposed for non-compliance with a rule or order, granted on principles of justice and proportionality.

An order enlarging the period within which a party must take a procedural step, granted prospectively or retrospectively on application supported by reasons.

The stage at which parties identify and make available to each other the documents relevant to the issues, including documents adverse to their own case.

The usual disclosure obligation requiring a party to disclose documents on which it relies, documents adversely affecting its case, and documents supporting another party's case.

Anything in which information of any description is recorded, including paper, electronic files, emails, and metadata, and therefore potentially disclosable.

A right to withhold a document or information from disclosure or evidence, most commonly legal advice privilege and litigation privilege.

A label applied to settlement communications meaning they cannot be put before the court as admissions, save where the exception of a genuine dispute over a concluded compromise applies.

Written questions administered to another party, which must be answered on oath or affirmation, used to obtain admissions or clarify the case.

A request that another party admit specified facts or documents, with costs consequences if the admission is unreasonably refused and the fact later proved.

A temporary order restraining conduct or requiring action pending trial, granted where there is a serious question to be tried and the balance of convenience favours it.

A freezing order preventing a defendant from disposing of or dealing with assets so as to frustrate enforcement of a future judgment.

A promise given by an applicant to compensate the respondent for loss caused by an interim order if the applicant ultimately fails to establish its case.

An application made without notice to the other party, permitted only in urgent or exceptional circumstances and requiring full and frank disclosure of material facts.

The obligation on a party to persuade the court of the truth of a fact or issue, in civil cases generally discharged on the balance of probabilities.

The degree of persuasion required to discharge the burden of proof; in civil proceedings this is the balance of probabilities, though cogent evidence is needed for serious allegations.

Whether a piece of evidence may lawfully be received by the court, governed by relevance and by exclusionary rules such as hearsay and privilege.

A statement made out of court relied on to prove the truth of its contents, generally inadmissible in civil proceedings subject to statutory exceptions and the interests of justice.

A signed written account of a witness's evidence in chief, which stands as that evidence at trial unless the court orders otherwise.

The questioning of a witness by the opposing party, testing the reliability and truthfulness of the evidence given in chief.

The court's final determination of the rights and obligations of the parties, including its reasons and the relief awarded.

A direction or decision of the court on a procedural or interlocutory matter, which binds the parties and may be enforced like a judgment.

The process of compelling a judgment debtor to satisfy a judgment, through methods such as seizure of goods, garnishee orders, or charging orders.

An order suspending enforcement of a judgment, commonly granted pending an appeal or where the debtor shows special circumstances justifying delay.

A review by a higher court of a lower court's decision, generally confined to errors of law or fact apparent on the record rather than a fresh hearing of the case.

Permission required before an appeal may be brought, granted where the proposed appeal has a real prospect of success or raises an important point of principle.

The sums a party may recover from an opponent for legal fees and disbursements, allocated by the court in its discretion, usually following the event.

Costs recovered from the opposing party on the standard basis, covering only the reasonable and proportionate costs of the litigation, not the full amount paid.

A more generous basis of assessment under which all costs are allowed except those unreasonably incurred, awarded for reprehensible conduct or where a settlement offer is beaten.

A settlement offer made without prejudice save as to costs, which the court may consider on costs if the offeree rejects it and does worse at trial.

An order requiring a claimant to deposit money or provide a guarantee to cover a defendant's costs, typically where the claimant is impecunious or resident abroad.

A situation where a lawyer's own interests, or duties to another client, risk compromising the independent advice owed to the client.

The professional duty not to reveal information about a client's affairs acquired during the retainer, continuing after the relationship ends and broader than legal privilege.