Appellant
Any party who appeals a decision.
Civil Litigation
Application
A formal request to the court or tribunal.
Arbitration
A method of deciding a claim without going to court. Arbitration is commonly used in building and other commercial disputes. It is a form of alternative dispute resolution (ADR). The outcome is legally binding on the parties.
Attachment of earnings
An order for deductions to be made from the earnings of a judgment debtor to pay money owing under the judgment.
Authorities
Case law that has decided a particular legal principle. Legal principles are developed by cases which raise issues on new points of law not previously decided. Case law (the “common law”) is a feature of English law and other legal systems based on English law.
Balance of justice
Balancing the claimant’s need for immediate protection against the defendant’s right to a fair trial on an interim application.
Breach of contract
In the employment context, breaking or not complying with one of the agreed terms of a contract of employment. A fundamental or repudiatory breach of contract is an extremely serious breach going to the heart of the employment relationship. If done by the worker, it may entitle the employer to dismiss without notice. If done […]
Bundle
The collated documents which both parties to an employment tribunal case have agreed which is used as part of the evidence to try key issues. The bundle is generally presented in lever arch files and paginated (page numbered) with an index.
Burden of proof
This refers to which party who has the responsibility (or burden) of proving matters that form the claim. The party with the burden of proof cannot simply make an allegation and expect the other party to do all the work disproving the allegation.
Case management
In general this is the way in which the court controls the progress of the claim up to trial. Case management is about the preparation of cases for hearings which involves each party disclosing documents, arranging the exchange of witness statements, agreeing expert witnesses etc.