| Anton Piller or Search order | A court order which permits the applicant to search the premises of the respondent and seize relevant evidence. The purpose is to preserve evidence which may be in danger of destruction or concealment. |
| ADR | Alternative Dispute Resolution | Typically denotes all dispute resolution methods and techniques other than litigation or arbitration. In England, the name adopted is NDR (Negotiated Dispute Resolution) |
| ATE | After-the-event (or adverse costs insurance) insurance | A type of legal expenses insurance policy which provides cover for legal costs incurred in the pursuit or defence of litigation or arbitration. The policy is purchased after a legal dispute arises. |
| BTE | Before-the-event insurance | A type of legal expenses insurance policy which provides cover for potential costs liabilities that may be incurred in future legal proceedings. |
| Calderbank letter | A letter containing a settlement offer and written “without prejudice save as to costs”, often used in arbitration proceedings with the express reservation of the right to refer the letter to the court/arbitration on the question of costs if the offer is not accepted. |
| Cantons | The 26 Cantons make up the federation of Switzerland. |
| CMC | Case Management Conference | An early court hearing at which the future conduct of a case is decided. The court will typically identify the issues in dispute, make the first orders for directions, and set a timetable for the steps to trial. |
| Certiorari | A court process by which a higher court orders a review of a lower court’s decision. |
| Champerty | An agreement in which a person with no previous interest in a lawsuit finances it with a view to sharing the disputed property if the suit succeeds. Prohibited in many jurisdictions. |
| CFA | Conditional Fee Agreement (also known as “no win, no fee”) | An agreement between a client and its legal representative whereby the client’s legal fees are payable dependent on the outcome of the case. If unsuccessful the client pays the fees at a reduced rate, or not at all. If successful, the client pays fees at standard rates plus an uplift known as a ‘success fee’ for up to 100% of the costs, expressed as a percentage uplift on the amount that would be payable if there was no CFA. |
| CFI | Court of First Instance | |
| COA | Court of Appeal | |
| Contingency Fees | A contingency fee is a term used to refer to the amount of fees a lawyer is paid, which is usually dependent (contingent) on the outcome of a specified event (most commonly a judgment). |
| CPLs | Civil Procedure Laws of the People’s Republic of China | The rules of civil procedure that govern claims brought in the civil courts of the People’s Republic of China. |
| CPCs | Civil Procedure Code/ Code of Civil Procedure | Term adopted by multiple jurisdictions to describe their civil procedure rules. |
| CPRs | English Civil Procedure Rules | The rules of civil procedure that govern claims brought in the English civil courts. |
| DBA | Damages Based Agreement | An agreement whereby legal fees are dependent (contingent) on the success of the case and are determined as a percentage of the total award recovered by the client. They are also known as contingency fee agreements. In England these are heavily regulated agreements. |
| Disclosure | Disclosure is the stage in legal proceedings where the parties must inform each other of documents that they have which are relevant to the claim, as ordered by the court or tribunal. |
| eDisclosure | Electronic disclosure (eDisclosure) concerns the process surrounding the disclosure of electronic documents, also referred to as electronically stored information (ESI). |
| Exequatur | A legal procedure that allows for the recognition and enforcement of a foreign court judgment or arbitral award in a particular country, used particularly in France and other European countries. |
| Ex officio | Meaning “by virtue of the office”, this term denotes someone who is a member of a body (e.g., board, committee, council) by virtue of another office they hold. The member is said to be an ex officio member. |
| Ex parte | Without notice to the counter-party e.g., when seeking an injunction, the application is usually without notice to the counterparty. |
| Fieri facias | A writ of execution authorising a sheriff or high court enforcement officer to obtain satisfaction of a judgment out of the goods belonging to the judgment debtor. |
| Forum conveniens | The most convenient or appropriate forum in which to hear a case. |
| Forum non conveniens | Doctrine whereby a court has the discretionary power to rule that another forum or court is better suited to hear the dispute, even if it technically has jurisdiction. |
| GDPR | General Data Protection Regulation | Legal framework that sets guidelines for the collection and processing of personal information from individuals. |
| In camera | In private. |
| In limine litis | Immediately prior to commencement of proceedings. |
| Inter partes | On notice to the parties (the opposite of ex-parte). |
| lex fori | The law of the country in which an action is brought. |
| Mareva or Freezing injunction | An interim court order which, subject to certain permitted activities, prevents a party from using or disposing of their assets so that they remain available to satisfy a future judgment. |
| NDR | Negotiated Dispute Resolution | In England this is the name adopted for ADR. |
| NPO | Norwich Pharmacal order | A court order that requires a respondent to disclose certain documents or information to the applicant. NPOs are typically sought to identify the proper defendant to an action or to obtain information to plead a claim. |
| Res judicata | Meaning “a matter judged” in Latin, this doctrine ensures the finality of judgments, by preventing parties from litigating issues already decided on multiple occasions. |
| Rogatory Letter (or Letter of Request) | A formal request to a foreign court to provide assistance in proceedings and obtain information or evidence from a specified person within the jurisdiction of that court. |
