Common Terms

Affidavits - “written” evidence unlike “trial” evidence
Statement of Claim - Statement of Plaintiff’s Case.
Statement of Defence - Statement of Defendant’s Case.
Caveat – An “entry” on the Register (Land Registry) which retrains dealing on the Land but which does not confer any interest (the latter a common misconception).
Counter-Claim - A Claim by the Defendant against the Plaintiff (instead)
Cross-Examination – what the “other” lawyer asks you in Court. (sometimes how a hostile witness is treated)
Damages – compensation. Ask clarification for:-
General Damages;
Special Damages
Exemplary/Aggravated Damages
De minimis non curat lex - The law does not concern itself with trifles
Disclosure – (crucial requirement)
Informing the Court of all matters in an ex-parte proceedings
making available of relevant documents in inter partes proceedings.
Injunction - A court order restraining/compelling/prohibiting something
Inter Partes proceedings - between 2/more parties.
Locus standi – legal standing.
Obiter dictum – “by the way” to the decision. Therefore not binding as a precedent but moreoften that not persuasive
Prima facie – “on the face of it”
Ratio decidendi - The grounds of decision- the principle.
Statutory Declaration - A written declaration (akin to Affidavit in that sence)
Stay – stop proceedings, pending something – An Application being heard, an Appeal etc.
Ultra vires - Out of its (the parties) jurisdiction - beyond its powers, excess of authority. (for e.g. a common ground for judicial review of a local authority or even an “inferior” Court.
Witness statement - written statement in place of examination-in-chief to save the Court’s time.