Master
Specialist judge dealing with High Court interim applications and costs at the Royal Courts of Justice in London.
Civil Litigation
Mediation
This is a form of alternative dispute resolution (ADR) which is increasingly being encouraged within the civil system as a less expensive means of resolving disputes. It is where a neutral third party negotiates settlement. In mediation the parties focus on what they want rather than the merits of the claim. The mediator is someone […]
Misconceived
Having no foundation or no reasonable prospect of success.
Mitigation
Mitigation refers to reasonable steps taken by a claimant to reduce their loss.
Multi-track
Procedure for dealing with more complex and valuable claims that generally exceed £25,000 in value.
Non-party disclosure
Disclosure of documents held by someone who is not a party to the claim.
Obiter
A judicial observation in a case which is not strictly binding, as it is not the point to be decided in the case. It is taken from the Latin “obiter dictum” which means “a remark in passing“.
Ombudsman
Body appointed to investigate complaints about services.
Open
The opposite of without prejudice. In relation to correspondence or a meeting it means that the details may be disclosed openly which would not be the case if they were without prejudice.
Overriding objective
This is set out in CPR 1. Parties, their representatives, and the courts are required to deal with cases justly and at proportionate cost. Various factors must be considered including the value of the claim, the need to save expense, the complexity of the issues, the financial position of each party and the need of […]