Undertaking in damages
Claimant’s promise to make good any financial loss the defendant may suffer if an interim injunction is made.
Civil Litigation
Unless order
An order given by the ET or court requiring something specific to be done by a certain date, such as disclosing certain documents. The order is referred to as “unless” because unless it is complied with the claim or response will be struck out. It is an order with a threat against non-compliance.
Vicarious liability
This is where an employer is responsible for the unlawful acts of his/her employees as if she/he carried them out him/herself, regardless of whether she/he knew or approved of those acts. In the employment field, it is mainly relevant to discrimination law.
Void
A legal term meaning that a term in a contract is not valid. An example would be a contract stating that the employee would be paid less than the national minimum wage.
Waive
Give up or relinquish.
Warrant of execution
County Court order that allows bailiffs to seize goods for sale to enforce a judgment.
Without notice
Not telling the respondent to an application about it before the first hearing takes place.
Without prejudice
Negotiations between the parties for the purpose of settling a case are off-the-record from the viewpoint of the court. To ensure this is so, it is traditional to introduce the conversation by saying the words “can we speak without prejudice?” Letters regarding settlement should also be headed “‘without prejudice”. However, genuine attempts at settlement are […]
Witness order
An ET can issue a witness order to compel an unwilling witness to attend the hearing.
Witness statement
A statement taken from a witness. Sometimes Witness statements without the presence of witnesses in person are of limited value: witnesses are expected to attend so that they can be cross-examined to establish the reliability of their evidence.