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This personal injury glossary provides explanations in plain English of a number of technical terms you may encounter in the process of pursuing a personal injury claim.
Part 36 offer - An offer of payment made by either the defendant or the claimant to settle all or part of a claim.
Particulars of claim - The document submitted to the court outlining the basis on which a claim is being made.
Payment into court - The payment of money to court for distribution at a later date. This is mostly seen in respect of child claims, where the child will only receive their compensation at the age of 18 or through a specific request to court.
Personal injury protocol - The rules that govern how a personal injury claim is progressed.
Pleadings - A formal statement outlining the reason why legal action is being taken, or explaining the defendant’s defence to such a claim.
Pre-action protocol - Rules contained within the civil procedure rules setting out steps that parties should take before the commencement of court proceedings.
Product liability - The responsibility of a manufacturer or seller of goods for injury caused by defective products that it has provided for sale.
Proof of evidence - A written statement of what a witness intends to say in court.
Protective proceedings - When a claim is nearing its “limitation period”, a party can issue court proceedings “protectively”. Protective proceedings stop the time running for a legal matter, preventing the claim from being “time barred”.
Provisional damages - In personal injury matters, provisional damages may be paid when there is settlement of a claim but where there is potential that the injury sustained by the claimant will worsen over time. In very limited circumstances, the injured party may then return within a given time limit to seek further compensation.
Public liability - The legal responsibility of the owner or occupier for people who enter his land or property. The majority of public liability claims are in relation to people who have slipped or tripped due to the owner of the property not fulfilling his responsibility.