Guidance

Common legal terms used in the Intellectual Property Enterprise Court

Updated 12 August 2025

Applies to England and Wales

Commonly used legal terms defined

View the Guide to the Intellectual Property Enterprise Court Small Claims Track.

Legal terminology	Meaning
Adjournment	When a meeting or court hearing is suspended to another time or place.
Alternative dispute resolution (ADR)	A method used to resolve a dispute without going to Court (for example, by mediation or arbitration).
Allocation	This is the decision made by the Court to put your claim into a certain track (IPEC small claims track, fast track or multi track). The track for your case sets out the process that must be followed and which reflect the complexity and value of your case.
Appeal	Applying to a higher Court to try and change the decision of a lower Court.
Application	Asking a Judge to make a decision about something in your case, before a final hearing. You must make an application on Form N244 setting out what is being requested and why.
Claim form	The form that is completed to start a claim against another party. It must include or be accompanied by the Claimant’s particulars of claim.
Claimant	The name for the person bringing a claim.
Court order	An official direction issued by a Judge requiring a party or parties to take specified steps, usually by a certain date.
Damages	The amount of money agreed or ordered to be paid to a successful Claimant to compensate them for their losses.
Defence	The document prepared by a Defendant to set out their formal response to a claim brought against them.
Defendant	The individual or organisation against whom a claim is brought.
Directions	A timetable set by a Judge giving dates by which certain steps have to be taken by parties to legal proceedings.
Filing	Sending a document to the Court.
Hearing	A meeting before a Judge which can be by phone or in person, where evidence and arguments are presented and a Judge decides the outcome.
Issue (of proceedings)	When formal legal proceedings are started in Court, usually done by lodging a claim form at the Court and paying a Court fee.
Judgment	The decision from the Judge after a hearing.
Liability	The question of who if anyone is legally at fault.
List of documents	Parties to litigation must comply with rules on sharing documents relevant to a claim. Each party prepares a list of documents related to the claim that they hold.
Litigant in person	Someone who doesn’t have a solicitor or barrister and represents themselves in Court proceedings.
Litigation	The process of bringing and progressing Court proceedings.
Mediation	A way to try to resolve a dispute without going to a final Court hearing. A mediator is appointed to try to resolve or at least narrow the issues between the parties.
Multi track	The Court track for more complex and higher value cases and for any case not allocated to the Small Claims Track.
Particulars of claim	A document setting out for the Court at the start of Court proceedings the reasons why you say the Defendant is liable, together with details of your claim.
Pre-action protocol	The steps taken before issuing Court proceedings. The aim is to ensure all parties have access to the relevant documents and information they need at an early stage, to allow cases to be dealt with as quickly and justly as possible, to encourage the use of ADR and to allow appropriate offers to be made where possible.
Quantum	The amount of something, usually damages in a legal context.
Reply to the defence	The response to any allegations against you within the Defendant’s defence.
Service	Sending a document to the other party.
Settlement	The agreement between parties setting out what is to be paid in your case. This is the end of your case.
Small claims track	The Court track for less complex and lower value cases.
Statements of case	Documents filed at court and sent to other parties setting out the key issues and facts in the case (for example, the particulars of claim, the defence, the reply to the defence).
Statement of truth	Legal documents that you will need to sign in your case will contain a statement of truth confirming that the facts included are true and accurate. A false or untrue statement can lead to proceedings being taken against you for contempt of Court.
Third party	Another individual or organisation involved in the legal proceedings (for example, if a Defendant claimed someone else was responsible for copying the Claimant’s work).
Transcript	A document setting out word for word what was said in Court. It is usually obtained if an appeal is being considered.
Without prejudice	If this is used in a document, it usually means that the document cannot be used as evidence in a Court case. It is sometimes used when parties are attempting to settle a case.
Witness	Someone who gives a statement supporting and giving evidence in your claim including the parties themselves.