Search Legislation

The Civil Procedure Rules 1998

 Help about what version

What Version

  • Latest available (Revised)
  • Original (As made)

More Resources

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Scope

This glossary is a guide to the meaning of certain legal expressions as used in these Rules, but it does not give the expressions any meaning in the Rules which they do not otherwise have in the law.

ExpressionMeaning
AffidavitA written, sworn statement of evidence.
Alternative dispute resolutionCollective description of methods of resolving disputes otherwise than through the normal trial process.
Base rateThe interest rate set by the Bank of England which is used as the basis for other banks' rates.
ContributionA right of someone to recover from a third person all or part of the amount which he himself is liable to pay.
CounterclaimA claim brought by a defendant in response to the claimant’s claim, which is included in the same proceedings as the claimant’s claim.
Cross-examination (and see “evidence in chief”)Questioning of a witness by a party other than the party who called the witness.
DamagesA sum of money awarded by the court as compensation to the claimant.
• aggravated damagesAdditional damages which the court may award as compensation for the defendant’s objectionable behaviour
• exemplary damagesDamages which go beyond compensating for actual loss and are awarded to show the court’s disapproval of the defendant’s behaviour
Defence of tender before claimA defence that, before the claimant started proceedings, the defendant unconditionally offered to the claimant the amount due or, if no specified amount is claimed, an amount sufficient to satisfy the claim.
Evidence in chief (and see “cross-examination”)The evidence given by a witness for the party who called him.
IndemnityA right of someone to recover from a third party the whole amount which he himself is liable to pay.
InjunctionA court order prohibiting a person from doing something or requiring a person to do something.
Joint liability (and see “several liability”)Parties who are jointly liable share a single liability and each party can be held liable for the whole of it.
Limitation periodThe period within which a person who has a right to claim against another person must start court proceedings to establish that right. The expiry of the period may be a defence to the claim.
ListCases are allocated to different lists depending on the subject matter of the case. The lists are used for administrative purposes and may also have their own procedures and judges.
Official copyA copy of an official document, supplied and marked as such by the office which issued the original.
Practice formForm to be used for a particular purpose in proceedings, the form and purpose being specified by a practice direction.
Pre-action protocolStatements of understanding between legal practitioners and others about pre-action practice and which are approved by a relevant practice direction.
PrivilegeThe right of a party to refuse to disclose a document or produce a document or to refuse to answer questions on the ground of some special interest recognised by law.
SealA seal is a mark which the court puts on a document to indicate that the document has been issued by the court.
ServiceSteps required by rules of court to bring documents used in court proceedings to a person’s attention.
Set asideCancelling a judgment or order or a step taken by a party in the proceedings.
Several liability (and see “joint liability”)A person who is severally liable with others may remain liable for the whole claim even where judgment has been obtained against the others.
StayA stay imposes a halt on proceedings, apart from taking any steps allowed by the Rules or the terms of the stay. Proceedings can be continued if a stay is lifted.
Strike outStriking out means the court ordering written material to be deleted so that it may no longer be relied upon.
Without prejudiceNegotiations with a view to a settlement are usually conducted “without prejudice” which means that the circumstances in which the content of those negotiations may be revealed to the court are very restricted.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Instrument

The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Instrument as a PDF

The Whole Instrument you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Instrument without Schedules

The Whole Instrument without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Instrument without Schedules as a PDF

The Whole Instrument without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Instrument

The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Instrument without Schedules

The Whole Instrument without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources