Annex 2: Glossary

2015 Rehabilitation Code	A voluntary code for claimants and compensators produced by the Rehabilitation Working Party, effective from 1 December 2015. Its objective is ensuring that injured people receive the rehabilitation they need to restore quality of life and earning capacity. While voluntary, the Pre-action Protocol for Personal Injury Claims provides that use of the Code should be considered for all types of personal injury claims.
Approved School	A residential institution approved by the Secretary of State under section 79(1) of the Children and Young Persons Act 1933 to which children could be sent by a court for reasons such as protection or punishment. They were brought to an end by the Cessation of Institutions (Approved Schools) (No 2) Order 1973.
Balance of probabilities	The standard of proof which must be met by a party bearing the burden of proof in a civil case. The standard means that one must prove that their allegation is more likely to be true than not.
Breach of statutory duty	A cause of action in the law of tort, in which one party (A) claims compensation from another party (B) on the basis that A has suffered injury and/or losses because B breached a duty imposed upon them by statutory law.
Burden of proof	The legal phrase used to refer to the onus to prove any particular allegation. Generally, in bringing a claim, it is for the claimant to prove their case.
Civil Justice Council	A non-departmental advisory public body, sponsored by the Ministry of Justice and established under the Civil Procedure Act 1997. It is responsible for overseeing and coordinating the modernisation of the civil justice system, and for that purpose provides advice to the Lord Chancellor, the Judiciary and the Civil Procedure Rules Committee.
Civil justice system	The legal system in which an adversarial process overseen by the courts is used by individuals and organisations to determine matters of a non-criminal nature, including claims for personal injury arising from instances of sexual abuse.
Civil Procedure Rules	A detailed set of rules governing the conduct of civil claims in the courts of England and Wales, introduced in 1998 and regularly updated. The rules provide the courts with extensive case management powers, and cover matters such as how to initiate a claim in the courts, the evidence that must be exchanged, application hearings and the running of final trials.
Claim form	A document setting out brief details of a claimant’s claim, which must be filed with and issued by the court, triggering the formal commencement of civil proceedings.
Claimant	The party bringing a claim in the civil justice system.
Code of Practice for Victims of Crime	Also known as the Victims’ Code. Statutory guidance on the support and services that victims of crime are entitled to receive from criminal justice agencies in England and Wales, from the point of reporting a crime to after the conclusion of a criminal trial.
Collection order	A method of enforcing financial penalties, including criminal compensation orders, imposed by the courts pursuant to the provisions of the Courts Act 2003.
College of Policing	A professional body established in 2012 for those working in the police service in England and Wales. It sets standards in policing for forces and individuals, and supports the training and education of personnel.
Conditional fee agreement	An agreement with a legal representative which provides for their fees and expenses, or any part of them, to be paid only in certain circumstances – usually only if the client wins the case. From 1 April 2013, pursuant to sections 44 and 46 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 and the Conditional Fee Agreements Order 2013, clients have to pay any success fee and any ‘after the event’ insurance premiums from their damages.
Criminal compensation order	A form of order which the courts have had the power to issue in the criminal courts since 1973, now governed by sections 130 to 134 of the Powers of Criminal Courts (Sentencing) Act 2000. These orders require a person convicted of an offence to pay money to the victim of that offence, to compensate them for any personal injury, loss or damage arising from it.
Criminal Injuries Compensation Authority	An independent executive agency which deals with compensation claims from people who have been physically or mentally injured because they were the victim of a violent crime in England, Scotland or Wales. Replaced the Criminal Injuries Compensation Board.
Criminal Justice Board	An entity chaired by the Lord Chancellor and comprising senior leaders from across the criminal justice system, such as the Director of Public Prosecutions, the Metropolitan Police Commissioner and the Attorney General. It is responsible for maintaining oversight of the criminal justice process and addressing challenges facing the system.
Criminal Justice Joint Inspection	A collaborative effort between the four criminal justice inspectorates (Constabulary, the Crown Prosecution Service, Prisons and Probation), formalised under the Police and Justice Act 2006, with the objective of providing the ability to consider and address issues which cut across the criminal justice system.
Cross-examination	The term used for questioning an opposing party’s witness, characterised by the asking of ‘closed’ questions which are intended to test, challenge and/or undermine the witness’s evidence. Unlike examination-in-chief (see below), cross-examination remains a fundamental part of a trial in civil proceedings.
Crown Prosecution Service	Independent agency headed by the Director of Public Prosecutions that is responsible for deciding whether to prosecute, and prosecuting, criminal cases that have been investigated by the police and other investigative organisations in England and Wales.
Defence	A factual and legal response to a claim which disputes all or part of the claim. Where court proceedings have been commenced, this word can refer to the defendant’s formal pleading in response to the claimant’s case, which will have been previously set out in a formal document entitled ‘particulars of claim’.
Defendant	The party defending a claim brought by a claimant in the civil justice system.
Ex-gratia payment	In civil proceedings, a payment of money made by a defendant to a claimant prior to final determination of the claim at trial, as a good-will gesture. It is inherent in such payments that there is no acknowledgment of actual or likely liability.
Examination-in-chief	The term used for questioning a litigating party’s own witness, characterised by the asking of open questions which do not suggest or hint at any particular answer. Examination-in-chief rarely occurs in civil proceedings, as witnesses usually rely on a written statement before answering questions from the other party to the case.
First-tier Tribunal	Part of the United Kingdom court system, established under the Tribunals, Courts and Enforcement Act 2007. It is a first-instance court with seven chambers dealing with different types of legal disputes.
General damages	A form of compensation to address losses which have not crystallised in such a way as to allow for precise quantification. The term is frequently used to refer to compensation for pain, suffering and loss of amenity.
Group action	A group of civil claims that share common or related issues of fact or law and which are litigated together against one or more defendants.
Group litigation order	An order which can be made by the courts in England and Wales under Part 19 of the Civil Procedure Rules, providing for claims to be managed together where they raise common or related issues of fact or law. It involves setting up a register under which the claims subject to the group litigation order will be managed.
Independent sexual violence advisers	People who provide support, advice and help to victims and survivors of sexual violence.
Insurance policy deductible	Sometimes referred to as an excess, this is a minimum amount that an insurance policyholder must contribute to a claim before the insurer adds its contribution.
Insurance policy limit	The maximum amount that the insurer will pay towards any covered claim.
Interim payment	In civil proceedings, a payment of money made by a defendant to a claimant prior to final determination of the claim at trial, in recognition of an established or likely legal liability to pay compensation at the conclusion of the litigation.
Judicial College guidelines	A set of guidelines promulgated by the Judicial College providing indicative ranges of general damages for a wide range of types of personal injury. These guidelines are frequently used by parties’ legal representatives and the courts as the first step in addressing general damages for personal injury.
Legal aid	Financial assistance provided in accordance with set criteria to those who cannot afford legal assistance and representation whilst engaged with the court system.
Legal Aid Agency	Executive agency sponsored by the Ministry of Justice responsible for considering applications and administering legal aid. Replaced the Legal Aid Board.
Legal expenses insurance	An insurance policy which can be purchased by individuals or businesses to cover the legal costs associated with certain types of legal actions. Depending on the circumstances, it can be purchased on a ‘before the event’ or ‘after the event’ basis.
Letter of claim	A letter to a proposed defendant in civil proceedings, which should set out the basis of the proposed claim and the remedy that is sought. Required under various pre-action protocols in England and Wales, a letter of claim is frequently the first time a claimant will formally engage with the defendant in a litigation context.
Letter of response	The defendant’s response to the letter of claim sent by the claimant, setting out their position in relation to the matters raised.
Limitation	A legal term used to refer to a statutory defence which can be invoked by a defendant to defeat a claim because it has been brought outside the legal time limit (ie after the end of the statutory limitation period). In personal injury claims, the normal position is that a claim must be brought within three years of the act or acts causing injury, unless that time is extended by the court.
Male Survivors Partnership	A national umbrella agency for member organisations providing support specifically for male victims and survivors of sexual violence and abuse.
Master of the Rolls	The most senior judge in the Civil Division of the Court of Appeal of England and Wales.
MC100	A form to be provided by a defendant in the Magistrates’ Court setting out their financial means.
Mediation	An alternative means of resolving litigation prior to going to trial, usually involving a process of negotiation facilitated by a neutral mediator.
MG19	A form that can be used to set out the basis of compensation claimed by a victim in the criminal courts, which can be taken into account when the court is considering the making of a criminal compensation order.
National Crime Agency	A non-ministerial government agency whose role is to counter organised and serious crime, including modern slavery, human trafficking, and the sexual abuse and exploitation of children. It does so by providing support to local police forces, as well as undertaking investigative activities itself.
National Police Chiefs’ Council	An organisation established under section 22A of the Police Act 1996 with a range of functions and objectives, including considering and developing coordinated police force responses to widespread problems of crime. It is also the representative body for British police chief officers.
Negligence	A cause of action in the law of tort, characterised by the payment of compensation by one party (A) to another (B) where A has breached a duty of care owed to B, causing the latter to suffer injury or loss.
NSPCC	National Society for the Prevention of Cruelty to Children. United Kingdom charity with statutory powers that is dedicated to the protection of children. Established in 1889 and incorporated by Royal Charter in 1995.
Operation Emily	A Cheshire Constabulary operation investigating allegations of abuse at St Aidan’s Approved School (subsequently a community home).
Operation Gogh	A Merseyside Police operation, later named Operation Care, investigating allegations of abuse at St Vincent’s Approved School (subsequently a community home).
Operation Hamoon	A 1995 Metropolitan Police operation investigating allegations of sexual abuse at St Leonard’s Children’s Home in Essex.
Operation Lentisk	A multi-agency investigation into allegations of sexual abuse at Forde Park Approved School (subsequently a community home).
Operation Mapperton	A 1998 Metropolitan Police operation investigating allegations of sexual abuse at St Leonard’s Children’s Home in Essex.
Operation Midday	A Durham Constabulary operation investigating allegations of abuse at Stanhope Castle Approved School (subsequently a community home).
Operation Pallial	An ongoing National Crime Agency operation reviewing all previous investigations into child sexual abuse in North Wales, and investigating new allegations.
Part 36 offer	An offer to settle a civil claim, made under Part 36 of the Civil Procedure Rules. These offers need to meet a number of formal requirements as set out in the rules, and their rejection can have significant costs consequences for the parties, depending on the outcome of the claim at trial.
Parties	A term used to refer generally to individuals and institutions who are claimants and defendants in the civil justice system.
Pre-action protocol	A set of steps approved by the Master of the Rolls and annexed to the Civil Procedure Rules which the courts expect claimants and defendants to take before commencing proceedings. The courts take any failure to comply with pre-action protocols into account when considering their approach to sanctions imposed as part of the litigation, for example in relation to legal costs.
Preliminary issue	A point of law or dispute of fact which arises in litigation which is appropriate for determining prior to the final substantive trial. The determination of a preliminary issue can occur immediately before (ie at the start of) a trial, or at a prior hearing specially convened for that purpose.
Public liability insurance	An insurance policy which is commonly held by public, charitable and private institutions to cover any legal liabilities arising from injuries and/or losses suffered by members of the public.
Public liability register	As proposed in this report, a register containing the details of public liability insurance held by institutions having responsibility for children, over time. It is recommended that such a register contain the name of the institution, the name of the insurer, the period of cover and the insurance limit.
Rape Crisis England & Wales	An umbrella agency for a network of independent member rape crisis centres across England and Wales which seek to support female victims and survivors of sexual violence and abuse.
Rehabilitation Working Party	Entity responsible for publishing the Rehabilitation Code. It includes representatives from the International Underwriting Association, the Association of British Insurers, Lloyd’s, primary insurers, legal groups, care providers and the NHS.
Sexual assault referral centre	A provider of specialist medical, forensic and support services to victims and survivors of rape and sexual assault, irrespective of whether or not they choose to report the matter to the police. Commissioned by NHS England, together with Police and Crime Commissioners.
Special damages	A form of compensation to address losses that can normally be calculated with precision. In claims for personal injury, it frequently encompasses compensation for lost earnings and the cost of medical treatment.
Strike out	A legal mechanism which can be used to bring court proceedings to an end without having to proceed to a full trial. It is most commonly used in circumstances where, due to legal or factual weaknesses in the party’s case, the claim or defence is deemed to be hopeless.
The Survivors Trust	A national umbrella agency for around 130 specialist member organisations providing support for those affected by sexual violence or abuse.
Tort	A branch of civil law most commonly characterised by the payment of monetary compensation for established wrongdoing, rather than the imposition of any criminal sanction.
Vicarious liability	A form of legal liability under which one entity or individual can be held liable for the wrongdoing of another, in certain circumstances.
Victims’ Code	Also known as the Code of Practice for Victims of Crime. Statutory guidance on the support and services that victims of crime are entitled to receive from criminal justice agencies in England and Wales, from the point of reporting a crime to after the conclusion of a criminal trial.
Victims’ Information Service	A service operated by Victim Support which provides information to victims of crime about the support services available to them, as well as information about the criminal justice system, the Victims’ Code and the Witness Charter.
Victims Strategy	A cross-government strategy published in 2018 setting out the intended response of the criminal justice system to the issues facing victims of crime. It incorporates a range of actions to strengthen and improve the support provided to victims, involving all criminal justice agencies, including the police, the Crown Prosecution Service and the courts.
Victim Support	An independent charity dedicated to supporting victims of crime and traumatic incidents in England and Wales, in particular as they interact with the criminal justice system.