Glossary
Allowed
An appeal which succeeds (at least in part) is said to have been allowed (cf. dismissed).
Appellant(s)
The party (or parties) bringing the appeal (cf. respondent).
Authorities
Copies of legislation or previous legal judgments to which the parties wish to refer at a hearing in support of their arguments.
Bench
The raised desk at the front of the court where the judge and lay members sit.
Bundle
The set of documents relevant to the issues to be decided at a hearing.
Cause List
The daily list of hearings.
Cross–appeal
If one party appeals against an Employment Tribunal order, direction, decision or judgment, then the other party has a further opportunity to cross–appeal against the same ET order, direction, decision or judgment.
Directions
Instructions from a judge.
Dismissed
An appeal which fails is said to have been dismissed (cf. allowed).
Disposal
The outcome of the appeal.
Employment Law Appeal Advice Scheme (ELAAS)
The Employment Law Appeal Advice Scheme, under which parties who do not have a representative may obtain free advice before Preliminary or Rule 3(10) hearings.
Ex parte
A hearing at which only the appellant will be heard – preliminary hearings are normally ex parte (cf. inter partes).
Extempore
Delivering a judgement orally, at the end of the hearing, from notes taken during the hearing. Not drafted in advance. This is normal practice in London, but in Edinburgh judgments are normally reserved.
Handing down
When a judgment which was reserved has been finalised it is formally handed down in court at a public hearing, by a judge literally handing a copy to the court clerk (it is not read out by the judge). Copies of the judgment are available to the parties in advance and they may make applications before the judge. Judgments may be handed down by a different judge from the one who heard the appeal.
In camera
A hearing from which the public are excluded.
Inferior Court
The body against whose decision an appeal is brought, i.e. normally the Employment Tribunal, often referred to as 'below'.
Interlocutory
An appeal against a case-management decision.
Inter partes
A hearing at which both appellant and respondent will be heard.
Full hearings are always inter partes (cf. ex parte).
Litigant in Person
A party who represents him - or herself.
Lodge
Deliver an appeal or some other document to the EAT.
Not Properly Instituted
When an appeal is received without all the necessary documents.
Out of time
Received after the deadline.
Party
A person or company on one side or the other of a legal action.
Practitioner
A professional representative, not necessarily with legal qualifications.
Pro bono
Services provided by the legal profession at no charge.
Quantum
The amount (e.g. of compensation).
Reserved
When a judgment is handed down in written form some weeks after the hearing, instead of given orally at the end of the hearing (cf. extempore).
Respondent(s)
All parties to the matter below who are not the Appellant(s). This can cause confusion if there are many parties to the action. For example, suppose Mr Smith and Mrs Jones make a claim against their employer XYZ plc and lose their claim. If Mr Smith appeals but Mrs Jones does not, then both XYZ plc and Mrs Jones are respondents to the appeal even if Mrs Jones does not want to oppose Mr Smith's appeal. (cf. appellant).
Sift
The process of deciding how an appeal should progress – appeals are sifted by a judge soon after they are received.
Skeleton Argument
An outline of the arguments which a party intends to advance at a hearing.
Starred Judgment
A judgment considered to be of particular significance or interest.
Stay
An order that an appeal be put on hold.
Tribunal
Depending on the context, may mean the EAT judge and lay members who hear an appeal or the Employment Tribunal judge and lay members who heard the matter below.
Vexatious Litigant
A party who is subject to a restriction of proceedings order – a party who has initiated many legal actions which have proved unfounded, so is now required to seek permission to start any further actions (or to continue existing actions).
