Glossary

A · C · D · E · H · I · J · L · M · P · R · S · T · W

A

Acknowledgment of service

A short form telling the court that the defendant has received the claim and whether it will defend it. Corledge had 14 days from deemed service to file it. Without it, Ravensett could have asked for default judgment. Chapter 3 · see Deemed service, Default judgment

Adverse document

A document that hurts a party’s own case or helps the other side’s. Under every disclosure model, a party must disclose the adverse documents it knows of. Ravensett disclosed its press logs, which show one week when the press ran above its setting. Chapter 7 · see Model D

C

Cap

Clause 10.3 of the Conditions, which limits Corledge’s total liability to the price of the batch, £100,000. If the cap holds, Ravensett nets only £60,000 once the £40,000 invoice is set off. Corledge must prove that the cap is reasonable. Conditions of Sale, clause 10.3 · Chapter 1 · see Requirement of reasonableness

Circuit Commercial Court

The court in Manchester that hears business claims, as part of the High Court. One specialist judge manages Ravensett’s claim from the first hearing to trial. Every claim there is on the multi-track, the track for larger claims. Claim Form, heading · Chapter 1

Claim form

The short court form that starts a claim. It names the parties, says what is claimed and states what the claim is worth. The court issued Ravensett’s in January 2027, and the Particulars were attached to it. Claim Form, heading · Chapter 3 · see Deemed service, Particulars of Claim

Costs and case management conference

The hearing, called the CCMC, at which one judge sets every step to trial and approves each side’s costs budget. In Ravensett’s claim it took place in May 2027. The judge also ordered both sides to try mediation. CCMC Order, recitals · Chapter 6 · see Costs budget

Costs budget

A party’s estimate of its own legal costs, stage by stage, to the end of trial. The court approved Ravensett’s at £160,000. If Ravensett wins, it can recover more than its budget only by showing good reason. CCMC Order, paragraph 10 · Chapter 6 · see Costs management order

Costs management order

The court’s order that records the costs each side has already spent and approves its budget for the rest. It controls what each side can later claim from the other. The judge made one at the CCMC. CCMC Order, paragraph 10 · Chapter 6 · see Costs budget

Counterclaim

A claim the defendant makes against the claimant inside the same claim. Corledge counterclaimed £40,000 for a later order of sound bases, which Ravensett had not paid. Ravensett admitted the debt and set it off against its damages. Defence and Counterclaim, paragraph 20 · Chapter 5 · see Set-off

D

Deemed service

The fixed day on which a document counts as served, whenever it was really read. A claim form sent by email counts as served on the second business day after sending. Every deadline for Corledge’s answer ran from that day. Chapter 3 · see Acknowledgment of service

Default judgment

Judgment without a trial, because the defendant did not answer in time. Ravensett could have asked for it if Corledge had not filed its acknowledgment of service within 14 days of deemed service. Chapter 3 · see Acknowledgment of service

Defence

The defendant’s formal answer to the Particulars, point by point. Each point is admitted, denied with reasons, or not admitted, which leaves the claimant to prove it. Corledge’s Defence blamed Ravensett’s press and relied on the cap. Defence and Counterclaim, heading · Chapter 5 · see Counterclaim, Reply

Disclosure Certificate

A signed confirmation, served with a party’s disclosure, that the party has met its disclosure duties. It names the person who signs and says why that person is the right one. The CCMC order requires one from each side. CCMC Order, paragraph 3 · Chapter 7

Disclosure Review Document

A form both sides complete together before the CCMC. It sets out the Issues for Disclosure and which documents each side will search. The judge read the agreed version before the hearing. CCMC Order, recitals · Chapter 7 · see Issues for Disclosure

E

Expert’s duty to the court

Every expert’s duty to help the court on matters within their expertise. It overrides any duty to the party that pays them. So Ravensett’s expert must give an honest opinion, even where it hurts Ravensett. Experts’ Joint Statement, paragraph 8 · Chapter 8 · see Joint statement

H

Hold notice

A written instruction to staff, past and present, to keep every document about the dispute and to stop deleting them. Ravensett sent one once a claim became likely. Graham then confirmed in writing that it had gone out. Chapter 2

I

Indemnity costs

Costs assessed on the generous basis, where any doubt about whether a cost was reasonable goes to the party receiving them. A claimant whose judgment is at least as good as its own Part 36 offer gets them from the end of the relevant period. Chapter 9 · see Part 36 offer, Relevant period

Initial Disclosure

A list and copies of the key documents a party relies on, served with its first statement of case. Nobody searches for documents at this stage. Ravensett served its Initial Disclosure with the Particulars. Chapter 4 · see Model D

Issues for Disclosure

The points in dispute that documents made at the time will help the court decide. The CCMC order lists three: what caused the cracks, what Corledge knew of its process change and when, and whether replacing all 4,000 bases was reasonable. CCMC Order, Schedule, Issue 1 · Chapter 7 · see Disclosure Review Document

J

Joint statement

A list the two experts sign after discussing the case, setting out the points they agree on and those they do not, with reasons. In Ravensett’s claim it cleared the press and left the cap as the main fight. Experts’ Joint Statement, heading · Chapter 8 · see Expert’s duty to the court

L

Legal advice privilege

The privilege that keeps back documents passing between lawyer and client for advice. Kate’s advice to Graham, and your notes of their calls, are covered. A business email written with no lawyer involved is not. Chapter 7 · see Litigation privilege

Less Complex Claim

A claim that follows the lighter disclosure rules for claims of modest size and complexity. Only Models A, B and D are open to it, and its forms are shorter. The CCMC order makes Ravensett’s claim one. CCMC Order, paragraph 1 · Chapter 7 · see Model D

Letter of claim

The letter a claimant sends before suing. It sets out the facts, the breach, each head of loss and what the claimant wants, and asks for the other side’s key documents. Ravensett’s went in October 2026 and proposed mediation. Letter of Claim, heading · Chapter 2 · see Hold notice

Limitation period

The time the law allows to start a claim. Ravensett has six years from delivery, so its last day is 2 March 2032. The notice deadline in clause 8.2 is a separate and much shorter one, set by the contract. Chapter 1

Litigation privilege

The privilege that keeps back documents prepared for a claim. Ravensett’s expert’s draft report is covered, so only the final report goes to Corledge. Chapter 7 · see Legal advice privilege

M

Mediation

A meeting at which a neutral person, the mediator, helps both sides find their own deal. The mediator decides nothing, and what is said stays confidential. The court ordered it after the experts’ joint statement, and the claim settled there. CCMC Order, paragraph 9 · Chapter 2 · Chapter 10 · see Tomlin order

Model D

The disclosure model under which each side searches for documents likely to help or harm either side on each agreed issue. The search must be reasonable and proportionate, not a search of every file. The CCMC order chose it for all three issues. CCMC Order, paragraph 2 · Chapter 7 · see Issues for Disclosure

P

Part 36 offer

A formal offer to settle under Part 36 of the Civil Procedure Rules, which fix what follows if it is accepted or refused. The letter must say it is made under Part 36. Ravensett offered to accept £220,000, and Corledge to pay £100,000. Ravensett’s Part 36 offer, paragraph 2 · Chapter 9 · see Relevant period, Indemnity costs

Particulars of Claim

The claimant’s case in numbered paragraphs: the facts it must prove and what it asks the court to award. They state facts, not evidence or legal argument. Ravensett’s were attached to its claim form and claim £300,000. Particulars of Claim, heading · Chapter 4 · see Statement of truth

R

Relevant period

The time, at least 21 days, in which the other side can accept a Part 36 offer and have costs settled as the offer says. The offer stays open after it ends, until withdrawn in writing. From then on, refusing becomes a risk. Ravensett’s Part 36 offer, paragraph 4 · Chapter 9 · see Part 36 offer

Reply

The claimant’s answer to the Defence, served here with its defence to the counterclaim. Ravensett’s Reply admits the £40,000 and sets it off. It also gives five reasons why Corledge’s clauses are unreasonable. Reply and Defence to Counterclaim, heading · Chapter 5 · see Set-off, Requirement of reasonableness

Requirement of reasonableness

The test in section 11 of the 1977 Act: a clause must have been fair and reasonable to include when the contract was made. The party relying on the clause must prove it passes, so here Corledge must. For a cap, the court also weighs resources and insurance. Reply and Defence to Counterclaim, paragraph 4 · Chapter 5 · see Cap

S

Set-off

Counting the damages a party claims against a sum it owes, so one cancels the other in whole or in part. A full win of £300,000, less the £40,000 invoice, would leave Ravensett £260,000. Reply and Defence to Counterclaim, paragraph 8 · Chapter 5 · see Counterclaim

Single joint expert

One expert instructed by both sides, which saves the cost of a second report. The judge refused one in Ravensett’s claim, because each side had its own X-rays and the cause of the cracks was the dispute itself. CCMC Order, paragraph 5 · Chapter 8 · see Expert’s duty to the court

Statement of truth

A signed statement that the party believes the facts in its document are true. Making a false one without an honest belief in it can lead to proceedings for contempt of court. Graham signs Ravensett’s and gives his position. Particulars of Claim, statement of truth · Chapter 4

Stay

A court order that freezes a claim: nobody can take a further step in it, but it is not dismissed. The Tomlin order stays Ravensett’s claim, except to carry out the agreed terms. Tomlin Order, paragraph 1 · Chapter 10 · see Tomlin order

T

Tomlin order

An order both sides agree that stays a claim and puts the deal in a schedule. The solicitors hold the schedule, and it is not filed at court, so the terms stay private. Either party may come back to the court for judgment if the deal is not kept. Tomlin Order, paragraph 1 · Chapter 10 · see Stay, Mediation

W

Without prejudice save as to costs

A heading that keeps a letter from the court while it decides the claim. The court may see the letter once it turns to costs. Both Part 36 offers carry the heading, and an ordinary offer can carry it too. Ravensett’s Part 36 offer, paragraph 1 · Chapter 9 · see Part 36 offer