Allocation questionnaire
A form completed by both parties after a defence has been filed to determine the correct track and court.
Archives
Alternative dispute resolution (ADR)
Alternatives to court action for resolving civil disputes. These include mediation and arbitration. Parties are encouraged under the civil procedure rules (CPR) to resolve their disputes and save valuable court time and resources wherever possible.
Appeal
Asking a higher court to reverse or vary a judge’s decision. Appeals generally have to be made very soon after the judgment being appealed. You should seek legal advice as early as possible. Failure to act promptly may lose you the right to appeal.
Appellant
Any party who appeals a decision.
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.
Associative discrimination
Where a person suffers less favourable treatment because of a protected characteristic that they do not have, but which someone they are associated with has. For example, someone may be discriminated against because they care for a disabled person when they themselves are not disabled.
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.