A process whereby aggrieved individuals can resolve legal matters outside of court. Includes methods such as arbitration, mediation, conciliation, and negotiation.

A request to a senior court, from an inferior court, to review the decision of the inferior court.

Any court that hears appeals from a lower court. In England and Wales, the highest appellate court is the Supreme Court, formerly the House of Lords.

The government’s chief legal adviser who also supervises the work of the Treasury Solicitor and the Director of Public Prosecutions (DPP). The Attorney General can refer cases to the Court of Appeal where an acquittal is questionable on a point of law or where a sentence has been passed which is considered ‘unduly lenient’. He is assisted by the Solicitor General.

One of the two main branches of the legal profession, alongside a solicitor. Often referred to as counsel, their role is focused primarily on advocacy, both written and oral. Regulated by the Bar Standards Board. Must be a member of one of the four Inns of Court.

A draft piece of primary legislation as it goes through the stages of becoming an Act of Parliament. See also White Paper and Green Paper.

Law established by judges in the senior courts which is binding on all lower courts (see case law). Binding precedent may be avoided by distinguishing the authority. See also ratio decidendi and stare decisis.

The popular term used to describe the UK’s withdrawal from the European Union (EU).

Law created by judges through their judgments in cases. Decisions which result in a binding precedent are the most important types of case law.

Offices shared and used by barristers (compare with ‘firm’ in relation to solicitors). Chambers may also relate to the private room or courtroom of a judge who may hear matters, or conduct certain hearings, in exclusion of the public (i.e. the hearing is not held in open court).

The body of law dealing with non-criminal matters. Often concerned with disputes between individuals without involvement of the state, although there are exceptions, for example judicial review. Civil law may also refer to a civil legal system, i.e. a body of rules contained in a written code. Such systems are used widely in Europe.

Rules introduced by the ‘Woolf Reforms’ concerning the procedure to be used in the civil courts.

The body of law which has evolved from binding precedent, rather than deriving from Acts of Parliament.

Another expression to describe a barrister.

The lowest court in the civil court hierarchy, hearing relatively simple matters such as repayment of debts and personal injury.

One of the superior courts hearing appeals from lower courts. It contains both a criminal and civil division and is second only to the Supreme Court. It sits in the Royal Courts of Justice in London.

A court that hears a case for the first time. First instance courts include, inter alia, the magistrates’ court, Crown Court, County Court, and High Court.

Formerly known as the European Court of Justice (ECJ), the CJEU is the judicial branch of the European Union (EU). The court hears actions brought by the European Commission against Member States for breaches of EU law and hears Article 234 references from Member State courts to clarify questions of EU law. The CJEU sits at Luxembourg.

The body of law dealing with the commission of criminal offences. Criminal law is deemed to be a matter of public law.

The Crown Court deals with serious criminal cases, known as indictable offences, such as murder. It sits as a first instance court and appellate court for cases appealed from the magistrates’ courts. Trials at the Crown Court are heard by a judge and a jury.

An independent prosecuting agency. It is responsible for deciding whether to charge an individual with an offence and for reviewing the charging by the police. The CPS is headed by the Director of Public Prosecutions (DPP).

The party to proceedings who is alleged to have committed the criminal offence or civil wrong. In criminal cases, the defendant is said to be charged with a criminal offence; in civil cases, the defendant is said to be sued for a civil wrong.

A form of subordinate legislation not passed by an Act of Parliament itself but through powers conferred on a body through a parent Act.

An EU principle which refers to the ability of individuals to rely on the EU law in domestic courts. Direct effect may either be vertical or horizontal.

EU law is said to be directly applicable where it applies automatically in domestic law. Treaties and Regulations are both directly applicable.

The government’s most senior prosecutor. The DPP is head of the Crown Prosecution Service (CPS), and is supervised by the Attorney General.

Although bound by the doctrine of judicial precedent, judges may distinguish a case on the facts, meaning that they can avoid its binding nature.

Meaning of the ‘same kind’, this phrase is a rule of language that is used in statutory interpretation. Where a statute contains a list, an item not specified within that list will only be included if it is the same kind as those listed.

Separate to the common law, equity is a body of law that developed originally through the Courts of Chancery in order to combat the harshness of the common law. Its main prominence lies in the law of trusts.

The body of law that has emerged from the European Union (EU). Formerly known as EC law.

An international charter setting out certain fundamental human rights, such as the right to life and right to respect for private and family law. Incorporated into English law by the Human Rights Act 1998. It is not a ­matter of EU law.

The legal institution of the Council of Europe responsible for interpreting and enforcing the European Convention on Human Rights (ECHR). The ECtHR sits at Strasbourg. It is not an EU court.

Former name for the Court of Justice of the European Union (CJEU).

The EU is comprised of 28 Member States and is responsible for EU law. It is composed of several institutions and is built on three pillars.

Refers to one organ of the state and is composed of the Prime Minister and his/her Cabinet of senior ministers. The Executive runs the country and introduces law to the legislature.

Meaning ‘to express one thing is to exclude others’, this phrase is a rule of language that is used in statutory interpretation. To list a number of specific things within a specified class may be interpreted as impliedly excluding others of the same class.

One of the three civil tracks that determine the manner in which claims are to be dealt with by the court. The fast claims track refers to claims which have a value of over £10,000 but less than £25,000, and the trial is likely to last no longer than a day.

A rule of statutory interpretation. It is used in circumstances where the literal rule would produce an absurd result.

Consultation documents produced by the government in order to allow people to give feedback on its policy or legislative proposals. See also Bill and White Paper.

Often referred to simply as the High Court, it is a civil court, divided into three main divisions, namely the Chancery Division, the Family Division, and the Queen’s Bench Division. It acts as both a court of first instance and an appellate court. The High Court sits at the Royal Courts of Justice in London and has several district registries around the country.

The lower chamber of Parliament. A branch of the legislative and executive branch of government responsible for the introduction of Acts of Parliament.

Formerly the most senior court in the land, until replaced by the Supreme Court in 2009. Now it sits solely as the Upper House in Parliament and is involved in the introduction of Acts of Parliament.

Organizations where membership is required in order to practise as a barrister. There are four Inns of Court: Middle Temple, Inner Temple, Lincoln’s Inn, and Gray’s Inn.

An individual whose role is to preside over cases and to ensure that the proper ­pro-cedure is followed and the evidence is properly ­admitted. A judge is ordinarily the arbiter of law, but may also be the arbiter of fact.

The decision of a judge in the case concerned. The judgment may include statements that are binding (ratio decidendi) and non-binding (obiter dicta).

The principle that, in accordance with natural justice, the judiciary should be independent of other branches of government and free from a conflict of interest.

See binding precedent and persuasive authority.

The collective term for the judges. Forms one of the organs of the state. Headed by the Lord Chief Justice.

A selection of laypersons who have been randomly selected to act as the arbiters of fact in a case before them. Generally, juries sit in panels of 12 and can feature in both criminal and civil cases.

Investigations carried out by the police on jurors in order to establish whether they are suitable to sit on a jury.

Another term for a magistrate. They are lay volunteers who hear cases in the magistrates’ court.

A qualified lawyer who assists magistrates in respect of the law, practice, and procedure.

These are the judges of the Supreme Court. Formerly known as Lords of Appeal in Ordinary (Law Lords) when they sat in the House of Lords. There are 12 justices of the Supreme Court.

An umbrella term used to describe someone who practises law, such as a solicitor or a barrister.

Free legal assistance given by the state to those who qualify for it. Legal aid is heavily restricted and is only available by satisfying a number of tests, focused on the finances of the individual and the merits of their legal case.

A member or fellow of the Chartered Institute of Legal Executives (CILEx). An Executive carries out much of the same work as a solicitor without the need to obtain a training contract.

A form of written law distinct from the common law. Includes primary legislation and secondary legislation.

Law-making body of government. In England and Wales, the legislature is Parliament.

A rule of statutory interpretation. If the wording in a statute is clear, it may be applied literally, which means that it must be given its ordinary meaning.

Head of the judiciary in England and Wales.

More common name for a Justice of the Peace. Layperson who sits in the magistrates’ court.

The lowest court in the court hierarchy. It is presided over by lay magistrates or district judges. Most of a magistrates’ court’s business relates to criminal matters, though magistrates may also deal with some civil matters and family matters.

Senior judge who is Head of the Court of Appeal (Civil Division).

One of the rules of statutory interpretation. It requires the judge to take into account the ‘mischief’ or problem that the Act was aimed to resolve.

Represents the sovereign of the country, whether it be a king or queen. Where a queen is on the throne, the Monarch is known as ‘Regina’. When a king is on the throne, the Monarch is known as ‘Rex’.

One of the three civil tracks that determine the manner in which claims are to be dealt with by the court. The multi-track applies to all claims not falling within the financial limits of the small-claims or fast tracks and/or complex cases.

Rules of fairness and justice that dictate how proceedings should run. Natural justice requires the procedure to be free from bias and conflict of interest.

Meaning ‘a word is known by the company it keeps’, this phrase is a rule of language that is used in statutory interpretation. This means that a word in a statute should be interpreted looking at the context of the statute.

Statements made by judges in judgments that do not form part of the ratio decidendi of the case. They are statements of other things said, or things said in passing. Although not binding, they may be persuasive.

The majority of hearings are held in open court; meaning that they are available for members of the public to attend. Some hearings will be held in chambers (traditionally referred to as being held ‘in camera’).

A case is overruled when a judge departs from a previous decision and overturns its legal basis. Overruling in this context means that the case is no longer good law.

General term for individuals working in a clerical and support capacity in a legal firm.

Makers of primary legislation in the English legal system. Parliament consists of the House of Commons, the House of Lords, and the Monarch.

Parliament is the supreme law-making body. Parliament can make or repeal any laws; Parliament cannot bind itself or future Parliaments and Parliament cannot be challenged.

Decisions of courts that are not binding on other courts. The decisions of lower courts will only ever be persuasive, but decisions of more senior courts, such as the Privy Council, will also only be persuasive.

Another name for an Act of Parliament. This is a piece of statute created by Parliament and must be contrasted with secondary legislation.

Law relating to the relationships between private individuals, rather than an individual and the state. Most civil law matters are private, though note the exception of judical review or public family law matters, for example, contract law, the law of torts, property law, and family law. Contrast with public law.

Meaning ‘for good’, this term simply refers to legal work carried out that is unpaid.

Law relating to the functions of the state, and the relationship between an individual and the state, rather than between private individuals. Contrast with private law.

A period of apprenticeship for pupil barristers; it is their final stage of training before becoming a barrister. Pupillage generally takes 12 months to complete; this being broken down into a first six and second six. Compare with training contract for solicitors.

A rule of language used by the European courts in interpreting EU law. This approach is wider than the mischief rule and looks to interpret the legislation in line with the purpose of the Act, not just the gap that the legislation wished to fill. This approach has found some favour in the domestic courts also.

An experienced barrister who is deemed to have excelled in advocacy. Also referred to as a ‘silk’ due to the silk robes they wear.

The legal reasoning for the decision in a case. Forms the binding nature of judicial precedent in cases.

A case is reversed when a judge overturns the decision of a previous judge in the same case. For example, the Supreme Court reverses the decision on the Court of Appeal. In doing so, the court will also overrule the previous judgment.

The final stage required for a Bill to become an Act of Parliament. The Monarch gives approval by convention.

The ideal characteristics of a civilized society, such characteristics include that no person is above the law and that the law shall apply equally to all. The Rule of Law is enshrined in the legal system.

Legislation passed under delegated powers by Parliament, rather than by Parliament itself.

One of the three civil tracks that determine the manner in which claims are to be dealt with by the court. The small-claims track refers to claims worth £10,000 or less (£1,000 for personal injury).

One of the two main branches of the legal profession, alongside a barrister. Governed by the Solicitors Regulation Authority (SRA), solicitors’ work is mainly client-focused, with little advocacy (unless they wish to become a solicitor-advocate).

A solicitor who has undertaken additional training in order to gain full rights of audience in court.

A government legal officer who acts as a deputy to the Attorney General.

A new qualifying examination for any individual who wishes to become a solicitor. Individuals will no longer require a law degree; so long as they have any undergraduate degree, have completed the SQE, and undertake qualifying work experience, the individual will become a solicitor.

Meaning ‘let the decision stand’, this term is used in the context of binding precedent. Lower courts are required to ­follow this doctrine unless the authority can be avoided for some reason. Occasionally stare decisis works to bind courts on the same level also.

Another term for an Act of Parliament.

A form of secondary legislation. Used to enact a piece of delegated legislation.

The task of ­interpretation of Acts of Parliament by the courts. In interpreting the relevant statute, the courts will use a number of rules and aids.

Criminal offences that are tried in the magistrates’ court. Often very minor in nature.

The highest court in the court system of England and Wales. It replaced the House of Lords in 2009. It is composed of 12 Justices.

A period of training required to be undertaken by those wishing to become a solicitor. Training contracts are generally two years in length.

Serious offences which can be tried either in a magistrate’s court or at the Crown Court, for example theft.

Akin to a court but falls outside of the court structure. Tribunals deal with a variety of different matters, such as pensions, asylum issues, and employment matters.

Policy documents produced by the government that set out their proposals for future legislation. A white paper may also include a draft Bill proposal. See also Green Paper.