Distinguish
Distinguishing an earlier case from the one being examined means showing that the two decisions are different in some material respect. If such a distinction can be made then the ET will not be expected to follow the earlier authority.
Civil Litigation
District judge
County Court judge who deals with interim applications and small claims and fast track trials. A district judge is junior to a circuit judge.
Draft order
Terms of an order prepared by one or both parties in the hope that the court will approve it.
Drop hands agreement
Where the parties agreed to walk away from the claim and each pay their own costs.
Enforcement
Ensuring that a judgment is complied with.
Evidence in chief
The oral or written evidence usually given by a party in the form of a typed witness statement not including the questions that they are asked by the other party or their representative in cross-examination. Solicitors generally draft witness statements for clients based on detailed discussion of the facts of the case and what was […]
Examination in chief
Asking questions of your own witness.
Exhibit
A document or photograph that forms part of the evidence of a witness and is attached to their statement.
Expert
An independent witness who has particular expertise in an area or profession relevant to the claim.
Express terms
Terms that are written in a contract of employment. For example, the salary is generally an express term.