Glossary


Affidavit    

A written statement verified on oath    Making an untrue statement under oath is perjury.

Affirmation

A written statement verified by a solemn declaration.  Making an untrue statement under affirmation is perjury.

Anton Piller

The term formerly used for a search order before 23 April 1999 after the decision in Anton Piller KG v Manufacturing Products Ltd. [1976] Ch 55

Applicant

Party seeking an interim injunction or other relief. Usually a claimant but can be a defendant in a security for costs application.

Application 

An application to the court for an interim injunction or other relief. Replaced "motions" (applications to a judge in open court) and "summonses" (applications to a judge or master in chambers). 

Application by order

Time set aside by the court for hearing of an application that is unlikely to be determined in less than 2 hours

Application Day             

A day in which an applications judge hears applications for interim injunctions and other relief.   Called a "motions day" before 23 April 1999. 

Applications Judge     

 A judge who hears applications for interim injunctions and other relief. 

Central London County Court

The county court for central London enjoying patent and chancery jurisdiction.

Chancery 

A body of law and practice developed by the Court of Chancery before 1873 and followed after that date by the Chancery Division of the High Court of Justice, the Central London County Court and certain chancery county courts

Chancery county courts 

A county court which shares judges, staff and offices with a Chancery District registry and can therefore hear chancery claims. They include the Birmingham, Bristol, Caernarfon, Cardiff, Leeds, Liverpool, Manchester, Mold, Newcastle and Preston County Courts.   The Central London County Court can also hear chancery cases.

Chancery District Registry 

A branch of the High Court with district judges and administrative staff capable of managing Chancery cases.

Chancery Division

One of the Divisions of the High Court of Justice established by the Supreme Court Act 1981.   S.61 and para. 1 of Sched. 1 to the Act assigns a number of causes of action to the Chancery Division including patents, trade marks, registered designs and copyright.

Civil Procedure Rules ("CPR")

The code of procedure of the Senior Courts and the county courts of England and Wales.   The CPR consist of the rules divided into a number of parts supplemented by Practice Directions. These rules replaced separate rules for the County Courts ("the County Court Rules") and the Supreme Court ("the Rules of the Supreme Court") on 26 April 1999.

Claim

Court proceedings in which a claimant seeks an injunction, damages or other relief from a defendant.

Claimant

The party who brings a claim or action. Called a “pursuer” in Scotland and a “plaintiff” elsewhere.

Committal

Order sending a contemnor to prison until her or she corrects or purges his or her contempt of court

Contemnor

Person guilty of contempt of court

Contempt of Court

Obstruction of the administration of justice (e.g. disobeying an injunction or breach of an undertaking.).

County Courts

The lower tier of civil courts of England and Wales established by the County Courts Act 1984.

Cross Undertaking

An undertaking given by an applicant in exchange for an undertaking given by, or an injunction restraining, the other side.

Cross Undertaking as to Damages

A cross undertaking to compensate the respondent in damages should the respondent suffer any by reason of the order that the court finds that the applicant should pay.

Defendant

The party against whom a claim is made.

Final Injunction

An order made after the determination of the issues in dispute. Sometimes called a "perpetual injunction". 

Freezing Injunction

Order requiring a respondent not to remove from the jurisdiction of the court, hide or otherwise dissipate any assets against which a judgement could be executed.

High Court

The trial level of the Senior Courts of England and Wales for civil claims. Established by the Supreme Court Act 1981, the High Court was formed from the merger of common law and chancery courts in 1873 and continues to sit in three separate divisions, namely the Chancery, Queen’s (or King’s) Bench and Family Division.

Injunction

An order of the court order prohibiting a person from doing something or requiring him or her to do     something. In Scotland and a number of other countries such an order is called an "interdict”.

Interim injunction

An order to refrain from doing something (or occasionally to do something) by a specified date and time or stage of the proceedings such as judgment in the action.

Judgment

Final decision in a case or part of a case.

Mareva Injunction

The name used for a Freezing Injunction before 23 April 1999 after The Mareva, Mareva Compahia Naviera SA v International Bulk Carriers SA [1979] 2 Lloyds LR 508.

Minute of Order

Instrument signed by the judge and sealed by the court recording his or her order.

Patents County Court

A county court that has been designated by to hear patent and design claims. The Central London County Court is the only Patents County Court.

Patents Court

Specialist court within the Chancery Division that hears patent, registered design, registered Community design and semiconductor topography claims.

Perpetual Injunction

See final injunction

Respondent

Party against whom an application is made. Usually but not always a defendant.

Search Order

Order requiring the person in charge of a building or vehicle to admit a supervising solicitor and members of the applicant’s solicitors to enter the premises and carry out a search for documents and other evidence which may otherwise have been lost or hidden and to make copies of those documents or copies of such evidence.   Formerly known as an Anton Piller order.

Security for Costs

An order that a company or occasionally individual claimant shjold deposit funds or give some other security for the defendant’s costs .

Senior Courts

The superior courts of England and Wales consisting of the Court of Appeal, the High Court and the Crown Court. Formerly called the Supreme Court  even though it was inferior to the House of Lords.

Supervising Solicitor

A solicitor independent of the parties who serves and executes a search order and certain other relief (See our Supervising Solicitor Panel).

Supreme Court

The old name of the Senior Courts.

Undertaking

Promise to the court to do something or refrain from doing something. A breach of an undertaking is contempt of court which may be punished by a fine, prison or other penalty.

Vice-Chancellor

Full title is the “Vice Chancellor of the County Palatine of Lancaster” .A High Court judge who presides over the Chancery Division in the North of England. The head of the Chancery Division, who is now known as the Chancellor, used to be called the Vice-Chancellor.

Witness statement

Written evidence verified by a statement of truth. An untrue statement is a contempt of court.

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