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Glossary of Legal Terms

This glossary defines common legal and technical terms encountered in steel industry litigation and arbitration cases. Our expert witnesses regularly deal with these concepts when providing independent technical opinions in commercial disputes worldwide.

Commonly-used legal terms in steel sector litigation work include:

Note: For industry-specific abbreviations and acronyms (such as BOF, EAF, DRI, LCIA, ICC), please see our Steel Industry Abbreviations page.

Acquittal: Verdict of a judge or jury that the accused is not guilty (or a case is not proven).
Admissibility: Whether evidence or testimony can legally be presented in court proceedings.
Advocate: A lawyer who defends another party (a person, or an organisation) in a law court.
Affidavit: A written or printed statement that is made under oath.
Appellant: A person who applies to a higher court for a reversal of the decision of a lower court.
Arbitral proceedings: The formal process of dispute resolution through arbitration rather than court litigation. Contact our team for support across ICC, LCIA, and SIAC jurisdictions.
Arbitration: Alternative dispute resolution method. Review our professional credentials and approach.
Arraignment: The first court appearance of a person accused of a crime.
Award: The final decision issued by an arbitration tribunal (equivalent to a court judgment). Our experts have supported parties through to successful arbitration awards and settlements.
Bailiff: An officer of the court.
Bench: Term that refers to all the judges of a certain court, or to the members of a judiciary.
Bill of Lading: A document issued by a carrier to acknowledge receipt of cargo for shipment. In steel trade, it serves as evidence of the contract of carriage, a receipt for goods, and a document of title enabling ownership transfer.
Breach of contract: Failure to perform contractual obligations. Common in steel industry disputes involving supply agreements, shipping contracts, and raw material deliveries - see our breach of contract case portfolio.
Burden of proof: The obligation to prove one's assertion or claim in legal proceedings.
Case law: Law as established by previous court decisions (cases). Essentially a synonym for legal precedent.
Chambers: Offices of a judge, or of barristers - and their staff.
Chapter 11: American term referring to bankruptcy with restructuring, usually involving a U.S. corporation or partnership. Steelmakers in the USA who have been involved in Chapter 11 reorganisation have included the LTV Steel Corporation, the Wheeling-Pittsburgh Steel Corporation, Rouge Steel and Essar Steel Minnesota.
Claimant: The party initiating arbitration proceedings (equivalent to plaintiff in court proceedings).
Consequential damages: Indirect losses resulting from a breach of contract (e.g., lost profits, business interruption).
Consignee: The person that goods have been sent to.
Costs: Legal expenses incurred during litigation or arbitration that may be awarded to the successful party.
Counterclaim: A claim brought by a defendant against the plaintiff in the same legal proceedings.
CPR Part 35: Civil Procedure Rules Part 35 - UK regulations governing expert witness duties and responsibilities. Requires experts to provide independent, unbiased opinions with overriding duty to the court rather than to instructing parties. Our methodology ensures full CPR Part 35 compliance.
Cross-examination: The questioning of a witness by the opposing party's legal counsel to test the accuracy and credibility of testimony. Our experts have extensive court and tribunal testimony experience under cross-examination.
De jure: Latin term meaning 'in law'. A matter that is 'de jure' is one that is covered by the operation of the law.
Declaratory relief: A court judgment that clarifies the legal rights of parties without ordering specific action or awarding damages.
Defendant: A person (or other entity) against whom a lawsuit is filed.
Deposition: Testimony of witness taken under oath, usually in response to another party's questions. Our team has extensive deposition experience in steel industry cases. See recent litigation developments.
Discovery (or Disclosure): The pre-trial process where parties exchange relevant documents and evidence.
European Court of Justice: The European Union's highest court. The ECJ was founded in 1952. The court is based in Luxembourg.
Ex parte: Legal proceedings conducted for the benefit of one party only, without the other party being present.
Expert report: A written document prepared by an expert witness presenting their professional opinion on technical matters in dispute. Our approach is supported by academic research credentials.
Expert witness: An independent professional who provides specialised knowledge to assist courts in understanding technical matters beyond the ordinary knowledge of judges and juries. See our latest updates and expert witness interviews.
Force majeure: French term meaning 'superior force'. Also known as 'casus fortuitus' (Latin). This is a common term used in contracts to refer to chance occurrences, unavoidable accidents etc.
Frustration: Legal doctrine where unforeseen events make contract performance impossible or radically different from what was agreed.
Good faith: An implied duty to act honestly and fairly in contractual dealings. For related professional resources, see our expert witness directory.
Habeas corpus: Latin term, meaning 'that you have the body'. Commonly refers to a writ requiring a person under arrest to be brought before a judge or into court, especially to secure the person's release unless lawful grounds can be shown for their detention.
In camera: Latin term, meaning 'in a chamber' or 'in a room'. Usually means 'in private', meaning away from the jury or the public.
Indemnity: Contractual obligation to compensate another party for losses or damages.
Injunction: A court order preventing one or more named parties from taking some specific action.
Interlocutory: Relating to provisional or interim court orders made during proceedings before final judgment.
Intestate: Legal term for a situation when someone dies without making a will.
Jurisdiction: Power and authority of a court to make a judgment on a case.
Lien: A right to keep possession of an asset belonging to another person until a debt owed by that person is discharged.
Litigant: A person who is involved in a civil legal case.
Malfeasance: Unlawful act.
Material breach: A significant violation of contract terms that undermines the contract's fundamental purpose.
Mediation: A form of alternative dispute resolution where a neutral third party helps parties reach a voluntary settlement. Our experts provide technical support in both mediation and arbitration dispute resolution.
Mitigation: The duty of an injured party to take reasonable steps to minimize their losses following a breach.
Mitigating circumstances: Circumstances that can be considered to reduce the guilt of a defendant.
Novation: The substitution of a new contract or party for an existing contractual obligation.
Oath: A promise to tell the truth in court (often made with a religious underpinning).
Official Journal of the European Communities: Official publication of the European Union, which contains legislation, proceedings and the decisions of the European Court of Justice (ECJ).
Plaintiff: A person who brings a case against another in a court of law.
Pleadings: Documents filed with a court by the parties in a civil or criminal case.
Probate: The judicial process whereby a will is 'proved' in a court of law.
Probation: A sentence in a criminal cases whereby an offender is supervised by a social worker for a set period of time.
Quantum: Reasonable value of services. Quantum of damage refers to the sum of money a successful claimant might receive in a court action. Our cargo damage and pricing arbitration experience includes extensive quantum assessment work.
Queen's Counsel (QC): Title conferred by the Crown on well-respected advocates giving right of audience in the highest courts of the land.
Remand: Refers to custody of a person in a prison or police cell prior to a court appearance.
Respondent: Defendant against whom a petition or complaint is filed in court.
Seat of arbitration: The legal jurisdiction governing the arbitration proceedings. We have experience with arbitrations seated in London, Singapore, Hong Kong, Paris, and Geneva.
Settlement: An agreement between parties to resolve a dispute without proceeding to trial or final arbitration award. See steel dispute settlement outcomes we've supported.
Specific performance: A court order requiring a party to perform their contractual obligations.
Standard of proof: The level of certainty required to prove a case (e.g., balance of probabilities in civil cases, beyond reasonable doubt in criminal cases).
Statute: Alternative name for a UK Act of Parliament. Statutes are the main form of primary legislation in England & Wales.
Stay of proceedings: A court order suspending legal proceedings temporarily.
Subpoena: Command to appear in court to testify as a witness.
Summons: A court order requiring a person to attend court at a stated time and place.
Suspended sentence: A sentence that is postponed until the offender is convicted of some other offence.
Terms of Reference: Document defining the scope and issues to be resolved in arbitration.
Testify: To give evidence to a court of law.
Toll rolling: An arrangement whereby a company (e.g. a steel rolling mill) processes semi-finished goods for another firm (e.g. rolling of steel billet into bar), usually without taking ownership of the materials. Another common name for this is 'hire rolling'.
Transcript: Official written record of everything said at a court hearing.
Trial: The legal proceedings in a court case.
Tribunal: A panel of arbitrators appointed to resolve a dispute.
Trustee: A person who holds a property or other asset and looks after it on behalf of someone else.
Ultra vires: Latin term meaning 'beyond ones powers'. If an entity does something ultra vires, what it has done is legally invalid.
Undertaking: A promise which can be enforced by law.
Void: Reference to a matter or issue that cannot be enforced by the law.
Writ: Court order telling someone to do (or not do) something.