Glossary

ADVOCACY - A solicitor or barrister presenting a case on behalf a client before a court or tribunal.

ALLODYNIA - is a pain due to a stimulus which does not normally provoke pain.

ANKYLOSING SPONDYLITIS - is a chronic, inflammatory arthritis and autoimmune disease. It mainly affects joints in the spine and the sacroilium in the pelvis, causing eventual fusion of the spine.

BARRISTER - A lawyer who specialises in the representation of clients before a court or tribunal.

CARPAL TUNNEL SYNDROME (CTS) or MEDIAN NEUROPATHY AT THE WRIST - is a condition in which the median nerve is compressed, causing pain, numbness and a burning or tingling sensations in the hand and fingers.

CHRONIC FATIGUE SYNDROME - is the most common name given to a variably debilitating disorder or disorders, generally defined by persistent fatigue unrelated to exertion and not substantially relieved by rest, and accompanied by the presence of other specific symptoms for a minimum of six months. See also MYALGIC ENCEPHALOMYELITIS (ME).

CHRONIC PAIN - is pain that persists longer than the normal course of natural healing, associated with a particular type of injury or disease process.

CIVIL PROCEDURE RULES – Rules used in civil cases by the courts in England and Wales.

COSTS – The legal costs of pursuing a claim. Usually the loser pays most if not all of the winner’s costs.

COMPLEX REGIONAL PAIN SYNDROME (CRPS) - a chronic progressive disease characterized by severe pain, swelling and changes in the skin. The International Association for the Study of Pain has divided CRPS into two types based on the presence of nerve lesion following the injury:

Type I, also known as “REFLEX SYMPATHETIC DYSTROPHY” (RSD), Sudeck's atrophy, reflex neurovascular dystrophy (RND) or algoneurodystrophy, does not have demonstrable nerve lesions.

Type II, also known as “CAUSALGIA”, has evidence of obvious nerve damage.

CONDITIONAL FEE AGREEMENT – Otherwise known as a “NO WIN/NO FEE AGREEMENT”. An agreement between a solicitor and a client that the solicitor will not claim their costs if the claim is lost. If the claim is won, the solicitor will claim a “SUCCESS FEE” in addition to their basic costs. Both the basic costs and the success fee are usually claimed from the other party.

DISBURSEMENTS - Payments made by solicitors on behalf of their clients including, medical record fees, medical report fees, court fees and travelling expenses.

FUNCTIONAL CAPACITY EVALUATION (FCE) - A functional capacity evaluation, is an assessment tool used for those who have suffered an injury that may affect employment. It is a standardized way to collect information regarding physical abilities to determine whether or not you can return to your previous employment.

FIBROMYALGIA - is a medical condition characterized by chronic widespread pain and also ALLODYNIA, a heightened and painful response to pressure.

FINANCIAL OMBUDSMAN (or FINANCIAL OMBUDSMAN SERVICE) – an independent statutory body established to settle individual complaints between consumers and businesses providing financial services.

LAW SOCIETY – The representative body for solicitors in England and Wales.

LEGAL EXPENSES INSURANCE – Insurance to indemnify a claimant against legal costs. Such a policy may be taken out either “before the event” or “after the event”.

LITIGATION FRIEND - A claimant who is under 18 years of age, or who lacks mental capacity, must bring their claim through a Litigation Friend, usually a parent or guardian.

MATERIAL NON-DISCLOSURE – in the context of a medical-related insurance claim, this usually refers to an allegation by an insurance company that at the time that the claimant applied to take the policy out, the claimant failed to disclose relevant issues, often in their medical history. It is used by the insurance company as a reason not to pay out to the claimant under the terms of the policy. However, the insurance company would have to demonstrate that if the information had been available to them at the outset, they would either have declined to insure the claimant or would have charged a higher premium.

MYALGIC ENCEPHALOMYELITIS (ME) – see CHRONIC FATIGUE SYNDROME.

MYOFASCIAL PAIN SYNDROME (MPS) - is a term used to describe a condition characterized by chronic, and in some cases, severe, pain. It is associated with and caused by “trigger points” which are localized and sometimes extremely painful contractures found in any skeletal muscle of the body. The symptoms can range from referred pain through myofascial trigger points to specific pains in other areas of the body.

NEUROPATHIC PAIN or NEURALGIA - is a pain that comes from problems with signals from the nerves.

NEUROPATHY - is a medical term referring to disorders of the nerves of the peripheral nervous system.

PAIN MANAGEMENT - (also called pain medicine) is the medical discipline concerned with the relief of pain.

PART 36 OFFER – An offer to settle a case made in accordance with Part 36 of the “CIVIL PROCEDURE RULES”. Can give rise to a costs risk if not accepted.

PENSIONS OMBUDSMAN - investigates and decides complaints and disputes about the way that pension schemes are run.

QUANTUM - The value of a claim for damages or part of a claim for damages.

REFLEX SYMPATHETIC DYSTROPHY – see “COMPLEX REGIONAL PAIN SYNDROME”.

SOLICITOR – A legally qualified person who advises on matters of law.

SOLICITORS REGULATION AUTHORITY – The regulatory body for solicitors in England and Wales.

SPONDYLOSIS - Degenerative arthritis (osteoarthritis) of the spinal vertebra and related tissue. Whilst there is no evidence that an accident can cause spondylosis, it is accepted that an accident may accelerate the progress of the condition.

STANDARD OF PROOF - In criminal law the burden of proving a case lies with the prosecution which must prove guilt “beyond reasonable doubt”.. In civil cases including compensation claims, the claimant must prove negligence or breach of statutory duty on “the balance of probabilities”, ie more likely than not.

SUCCESS FEE - The costs award that a solicitor is entitled to claim in successful claims pursued under a “CONDITIONAL FEE AGREEMENT”, in addition to their basic costs.

TOTAL PERMANENT DISABILITY (TPD) - is a phrase used in the insurance industry and in law. Generally speaking, it means that because of a medical condition or injury, a person is unable to work in their own or any occupation for which they are suited by training, education, or experience.