# Litigation & Settlement Lexicon

Standard English terminology for contentious legal work: civil litigation,
administrative litigation, criminal proceedings, and settlement agreements,
releases, waivers, consent orders, dispute-resolution clauses, mediation, and
arbitration.

This consolidated lexicon covers the full litigation life-cycle (claim →
pleadings → hearing → judgment → appeal → enforcement) as well as the
transactional instruments used to resolve disputes without going to final
judgment (settlement agreements, deeds of release, consent orders). Many terms
(judgment, costs, jurisdiction, enforcement) appear in both contexts — treat
them as one terminology system.

## Core Settlement Terms

| Correct English term | Usage / meaning | Avoid |
|---|---|---|
| settlement agreement | A binding agreement between parties to resolve a dispute | accord, settlement contract |
| settlement record | Document evidencing settlement reached (e.g. at mediation) | conciliation record (narrower) |
| deed of settlement | Formal signed deed recording settlement terms | settlement deed, settlement instrument |
| general release and settlement | Comprehensive settlement extinguishing all related claims | settlement only, release only |
| release and waiver | Mutual release of claims with waiver of further rights | waiver and release (UK: release and waiver preferred) |
| release / discharge | Formal discharge from liability or obligations | waiver (distinct concept) |
| waiver of claims | Voluntary relinquishment of known claims | release of all claims (broader) |
| mutual release | Reciprocal release by both/all parties | single release, unilateral release |
| receipt and discharge | Acknowledgement of payment with discharge of obligation | receipt and release |
| full and final release | Complete release barring all further claims on the subject matter | final release, complete release |
| full and final settlement | Settlement that is complete and binding; no further claims possible | complete settlement, final settlement |
| nothing further to claim | Mutual acknowledgement that no further sums are due | nothing further owing, no further claims |
| mutual concessions | Reciprocal compromises by parties (required under civil law) | concessions, mutual give-and-take |
| settlement amount | The monetary sum agreed under a settlement | settlement sum (unqualified — acceptable but less precise) |
| settlement consideration | The benefit provided in exchange for settlement (broader than monetary — may include non-monetary undertakings such as releases, confidentiality, joint statements) | consideration (unqualified — ambiguous in the contract-formation sense) |
| settlement payment | Payment made pursuant to settlement agreement | settlement sum (amount only) |
| settlement instalment | Payment made in stages under settlement agreement | instalment payment |
| satisfaction | Formal acknowledgement that claim/obligation is satisfied | satisfaction and release |
| full and final | Comprehensive and conclusive (describes settlement quality) | full, final |
| accord and satisfaction | Settlement where new consideration is given in exchange for release | accord, satisfaction |
| without prejudice | Legal settlement discussions conducted on basis of non-admissibility of statements | privileged discussion |
| without prejudice save as to costs | Settlement discussions where costs position can still be argued (UK) | without prejudice only |
| Tomlin order | Consent order in which disputed terms are confidential (UK procedural) | consent order (generic) |
| no admission of liability | Settlement clause stating settlement does not constitute admission of fault | settlement without admission, non-admission clause |
| entire agreement | Clause confirming settlement comprises the entire agreement on the subject matter | complete agreement, whole agreement |
| res judicata | Legal principle that a matter already adjudicated cannot be relitigated | judgement bar, final determination |
| Part 36 offer | Formal settlement offer under CPR Part 36 (England & Wales) carrying automatic costs consequences if not beaten at trial; UK-specific procedural concept | Without prejudice offer (different mechanism) |
| Calderbank offer | "Without prejudice save as to costs" settlement offer (used in arbitration and jurisdictions where Part 36 does not apply) | Without prejudice offer (less precise) |
| penalty clause | Clause imposing excessive payment for breach (unenforceable at common law if not genuine pre-estimate of loss); civil law jurisdictions may enforce penalty clauses | Punitive clause (less standard) |
| set-off | Right to offset amounts owed by one party against amounts owed to it, reducing the net sum payable; distinct from netting (financial markets) | Offset (less formal); Compensation (civil law term, ambiguous in English) |
| compromise / compromise agreement | Agreement resolving dispute through mutual concessions; in UK employment law, now replaced by "settlement agreement" (since 2013) | Transaction (civil law false friend in many source languages) |

## Dispute Resolution Terms

| Correct English term | Usage / meaning | Avoid |
|---|---|---|
| dispute resolution | Generic term for all methods of resolving disputes | conflict resolution (may suggest mediation only) |
| dispute | A disagreement or controversy between parties | conflict, disagreement (less formal) |
| litigation | Court proceedings; formal dispute resolution before a court | court proceedings, legal action |
| legal proceedings | Formal process initiated before a court | court action, legal action |
| action / claim | Legal claim brought before a court | suit (archaic), cause of action |
| counterclaim | Claim brought by defendant against claimant in same proceedings | cross-claim (procedural variant) |
| third-party claim | Claim brought by one party against a third party in existing proceedings | third-party notice, interpleader |
| defence / objection | Response to a claim denying liability or raising legal objection | answer (procedural variant, US) |
| preliminary objection | Objection to jurisdiction, admissibility, or procedural defect raised before trial | jurisdictional objection |
| jurisdiction | Power of a court to hear a case (substantive and personal) | competence (civil law term) |
| competent court / forum | Court having jurisdiction over the dispute | proper forum, forum of competence |
| arbitration clause | Contractual clause requiring disputes to be resolved by arbitration | submission to arbitration (distinct) |
| submission to arbitration | Agreement to refer dispute to arbitration (may be post-dispute) | arbitration agreement, compromis |
| arbitral award | Decision issued by an arbitrator or arbitral tribunal | award, arbitral decision |
| arbitration | Private dispute resolution by neutral third party(ies) | arbitral proceedings |
| sole arbitrator | Single neutral appointed to resolve the dispute | single arbitrator |
| arbitral tribunal | Panel of arbitrators (usually 3) | arbitration panel, tribunal |
| arbitration rules | Procedural rules governing conduct of arbitration (ICC, UNCITRAL, etc.) | rules of arbitration, arbitral rules |
| seat of arbitration | Legal seat/location of arbitration determining governing law and enforcement | arbitration seat, place of arbitration |
| mediation | Assisted negotiation facilitated by neutral third party | conciliation (overlapping but distinct in some jurisdictions) |
| conciliation | Facilitated settlement process with neutral conciliator offering non-binding suggestions | mediation (broadly synonymous) |
| mediator | Neutral third party facilitating settlement discussions | conciliator (if providing suggestions) |
| mandatory mediation attempt | Requirement to attempt mediation before litigation/arbitration (procedural) | compulsory mediation, stay for mediation |
| assisted negotiation | Negotiation with neutral facilitator (less formal than mediation) | facilitated negotiation |
| multi-tier dispute resolution clause | Escalation clause requiring negotiation, then mediation, then arbitration/litigation | escalation clause, tiered dispute resolution |

## Civil Litigation — Parties, Pleadings and Procedure

| Correct English term | Usage / meaning | Avoid |
|---|---|---|
| civil proceedings | Court proceedings between private parties concerning private-law rights (contract, tort, property, family) | civil cause (calque), civil case (less formal) |
| claimant (UK) / plaintiff (US) | The party initiating civil proceedings | actor (civil law calque), applicant (reserve for admin/judicial review) |
| defendant | The party against whom civil proceedings are brought | respondent (reserve for appeal/admin); convenuto (do not calque) |
| respondent | The party responding to an application, appeal, or arbitration (not ordinary civil claim) | defendant (in first-instance civil claim, use "defendant") |
| joinder | Addition of a further party or claim to existing proceedings | intervention (see below — different concept) |
| intervener / intervening party | A third party permitted to join ongoing proceedings to protect its own interest | joinder (distinct — procedural addition) |
| claim form / particulars of claim (UK) / complaint (US) | The document initiating civil proceedings setting out the claim | citation (civil law calque), petition (reserve for specific procedures) |
| statement of case / pleadings | The formal written statements by which parties set out their case | memorials (investment treaty arbitration), briefs |
| statement of claim | The claimant's formal statement of the claim | petition, request for judgment |
| defence / statement of defence (UK) / answer (US) | The defendant's formal response | response, objection (preliminary only) |
| reply | The claimant's response to the defence | rejoinder (see below — later stage) |
| rejoinder | The defendant's further response to the reply | surrejoinder (US; rarely used) |
| counterclaim / cross-claim | A claim brought by the defendant against the claimant in the same proceedings | counter-action, reconventional claim (civil law calque) |
| set-off (as defence) | A cross-demand raised as a defence, reducing or extinguishing the claim | counterclaim (distinct — cross-claim is independent) |
| amendment of pleadings | Formal modification of pleadings with permission of the court | variation of claim (imprecise) |
| service of process / service of proceedings | Formal delivery of court documents on the opposing party | notification (less precise in English procedure) |
| substituted service / alternative service | Service by a method other than the standard (e.g., by email, court order) | alternative notification |
| cross-border service | Service of proceedings on a party located in another jurisdiction (e.g., Hague Service Convention, EU Service Regulation) | international notification |
| joinder of parties | Procedure for adding further parties to proceedings | integration of parties (calque) |
| case management conference (CMC) | Procedural hearing for court to give directions on conduct of the case (UK; similar in many jurisdictions) | preliminary hearing (distinct) |
| directions | Court orders regulating the procedural conduct of the case | instructions, procedural orders |
| disclosure (UK) / discovery (US) | Procedure requiring parties to identify and produce relevant documents | disclosure of documents, document production |
| inspection of documents | Right of a party to inspect documents disclosed by the other | examination of documents |
| privilege / legal professional privilege | Protection from disclosure for certain categories of communication (e.g., legal advice, litigation) | professional secrecy (civil law calque) |
| witness statement | A written statement of a witness's evidence signed with a statement of truth | witness declaration |
| expert report | A written report by an appointed expert on matters within their expertise | technical report (too vague) |
| court-appointed expert | An independent expert appointed by the court (typical in civil-law jurisdictions) | judicial expert (calque) |
| single joint expert (SJE) | A single expert jointly instructed by the parties (UK CPR practice) | joint expert (less precise) |
| party-appointed expert | An expert instructed by a party to give evidence | technical consultant (civil law calque) |
| evidence | Material offered to prove or disprove a fact in issue | proofs (calque from French/Italian) |
| documentary evidence | Evidence consisting of documents | document proofs |
| oral evidence / testimony | Evidence given by a witness in court | verbal evidence |
| examination-in-chief / direct examination | The party's questioning of its own witness | initial examination |
| cross-examination | The opposing party's questioning of a witness | contested examination |
| re-examination | The original party's further questioning after cross-examination | re-direct (US) |

## Civil Litigation — Hearings, Judgments and Remedies

| Correct English term | Usage / meaning | Avoid |
|---|---|---|
| trial / hearing | The substantive hearing at which the court determines the case | final audience (calque) |
| adjournment | Postponement of a hearing to a later date | suspension of hearing |
| judgment (UK) / judgement / decision | The court's formal ruling determining the parties' rights and liabilities | sentence (civil law calque — reserve for criminal) |
| reasoned judgment | Judgment setting out the court's reasoning | motivated judgment (calque) |
| interim judgment / interlocutory judgment | A judgment on a preliminary issue before final determination | partial judgment |
| default judgment | Judgment entered against a party who fails to file a defence or attend | contumacious judgment (calque) |
| summary judgment | Judgment without full trial where there is no real prospect of success / defence | abbreviated judgment |
| declaratory judgment / declaration | Judgment declaring the rights or status of the parties | declarative judgment |
| final judgment | Judgment finally determining the substantive issues in the proceedings | definitive judgment (calque; acceptable but less idiomatic) |
| consent order / judgment by consent | Court order recording settlement terms agreed by the parties | agreed judgment |
| damages | Monetary compensation for loss | indemnities (confusing — reserve for indemnity clauses) |
| general damages | Damages for non-pecuniary loss (pain, suffering, loss of amenity) | — |
| special damages | Damages for specific, quantifiable pecuniary loss | — |
| nominal damages | Token damages where right is infringed but no substantial loss | symbolic damages |
| aggravated damages | Damages reflecting the manner of the defendant's conduct | — |
| exemplary / punitive damages | Damages intended to punish the defendant (available in limited common-law cases) | — |
| costs | Legal fees and disbursements awarded to the successful party | expenses (narrower) |
| costs follow the event | Default rule that the losing party pays the winning party's costs | costs to the victor (colloquial) |
| indemnity costs / costs on the indemnity basis | Enhanced costs award against a party for unreasonable conduct | — |
| specific performance | Equitable remedy requiring performance of a contractual obligation | enforced performance (calque) |
| injunction | Court order requiring a party to do or refrain from doing something | interdict (Scots/Dutch calque) |
| mandatory injunction | Injunction requiring a positive act | performance injunction |
| prohibitory injunction | Injunction prohibiting an action | negative injunction |
| interim injunction / interlocutory injunction | Injunction granted before trial | preliminary injunction (US; acceptable) |
| freezing order / freezing injunction (formerly Mareva) | Order freezing a party's assets pending judgment | asset-freezing order |
| search order (formerly Anton Piller) | Order permitting inspection and seizure of evidence at premises | inspection order (too broad) |
| rectification | Equitable remedy correcting a written instrument that does not reflect the parties' actual agreement | correction (too informal) |
| rescission | Equitable remedy setting aside a contract for misrepresentation, duress, etc. | annulment (reserve for specific statutory annulment) |
| restitution | Remedy requiring the return of a benefit unjustly obtained | restitution of the indebitum (calque) |
| stay of proceedings | Order suspending court proceedings | suspension (ambiguous) |
| strike out | Court's power to dismiss a claim or defence for procedural or substantive defect | dismissal (use for judgment on merits) |
| dismissal of claim | Rejection of the claim (usually after hearing) | rejection of claim |

## Civil Litigation — Appeals and Enforcement

| Correct English term | Usage / meaning | Avoid |
|---|---|---|
| appeal | Proceedings challenging a lower-court decision | recourse (civil law calque) |
| appellant | The party bringing an appeal | appealing party |
| respondent (on appeal) | The party responding to an appeal | appealed party |
| grounds of appeal | The specific legal or factual challenges raised on appeal | reasons of appeal |
| permission to appeal / leave to appeal | Judicial authorisation required to bring an appeal (where necessary) | authorisation to appeal |
| notice of appeal | The document initiating an appeal | appeal declaration |
| appeal on a point of law | Appeal limited to legal errors (no re-hearing of facts) | appeal of law (calque) |
| cassation | In civil-law systems, an appeal limited to legal errors before the supreme court; not a common-law concept — may need a translator's note | — |
| Court of Cassation / Supreme Court | Highest court in civil-law systems reviewing points of law | cassation court (keep capitalisation) |
| setting aside / annulment of judgment | Formal cancellation of a judgment (e.g., for fundamental procedural defect) | vacatur (US-specific) |
| revision / retrial | Re-opening proceedings on fresh evidence (narrow common-law doctrine; broader in civil law) | review (ambiguous) |
| final and binding judgment | Judgment from which no appeal lies or the time for appeal has expired | res judicata (principle, not the judgment) |
| enforcement / execution | Process of implementing a judgment or award | execution of judgment (acceptable but less formal) |
| writ of execution | Court document authorising enforcement of judgment | execution title (civil law calque) |
| enforceable title | Document with direct enforcement effect (e.g., judgment, notarial deed) — civil-law concept; needs explanation in English | executive title (calque) |
| recognition and enforcement | Procedure by which a foreign judgment or arbitral award is given effect in another jurisdiction | exequatur (civil law term; may be retained with explanation) |
| attachment / freezing order | Court order seizing or freezing assets | seizure (narrower) |
| charging order | Order charging a judgment debtor's interest in land or securities to secure payment | — |
| third-party debt order / garnishee order | Order redirecting debts owed to the judgment debtor to the judgment creditor | garnishment order (US) |
| order for possession | Court order giving possession of property to a party | repossession order |
| judgment creditor | Party entitled to enforce a judgment | — |
| judgment debtor | Party against whom a judgment may be enforced | — |
| insolvency / bankruptcy proceedings | Court-supervised process for addressing insolvency | receivership (reserve for a specific common-law remedy) |
| receiver | Court-appointed officer managing assets | — |

## Administrative Litigation

| Correct English term | Usage / meaning | Avoid |
|---|---|---|
| administrative proceedings | Proceedings involving the exercise of public power / governmental action | administrative cause (calque) |
| administrative court (UK) / administrative tribunal / administrative law court | Specialist court or tribunal for public-law matters (e.g., Italian TAR/Consiglio di Stato, French Conseil d'État, German Verwaltungsgericht) | administrative jurisdiction (calque — reserve for jurisdictional sense) |
| judicial review | Challenge to the lawfulness of a decision, act, or failure to act by a public body | control of legitimacy (calque) |
| application for judicial review | The procedural mechanism initiating judicial review | judicial review recourse |
| applicant (judicial review) | The party bringing a judicial review application | claimant (reserve for ordinary civil) |
| interested party | A party having a sufficient interest in a judicial review | counter-interested party (calque of "controinteressato") |
| public authority / public body | The decision-maker subject to administrative law (e.g., government department, agency, regulator) | public administration (acceptable in civil-law context but broader) |
| administrative act / administrative decision | A decision, measure, or act by a public body producing legal effects | administrative provision (calque of "provvedimento") |
| regulatory act / regulation | An act of general application by a public body | normative act (calque) |
| statutory instrument | A delegated legislative act (UK term) | secondary legislation (broader) |
| ultra vires | Act beyond the legal powers of the public body | excess of power (US: acceptable; UK procedural language: ultra vires) |
| illegality | Ground of review where the public body acts outside its legal powers | unlawfulness (broader) |
| irrationality / Wednesbury unreasonableness | Ground of review where the decision is so unreasonable that no reasonable authority would have taken it | absurd decision |
| procedural impropriety | Ground of review where proper procedure has not been followed (e.g., consultation, natural justice) | procedural unfairness (broader) |
| proportionality | Ground of review (EU/ECHR and many civil-law systems) that measures be proportionate to their aim | — |
| legitimate expectation | Doctrine protecting expectations induced by a public body | reliance expectation |
| duty to give reasons | Obligation on public bodies to state reasons for decisions | duty of motivation (calque) |
| annulment of administrative act | Setting aside of an administrative act by a court | cassation of the act (calque) |
| suspension of administrative act | Interim order suspending operation of an administrative act pending hearing | precautionary suspension |
| quashing order / quashing of decision (UK: "quash") | Court order setting aside an administrative decision | cancellation (too broad) |
| mandatory order (UK) / mandamus (US) | Court order requiring a public body to act | injunction to perform |
| prohibiting order (UK) / prohibition | Court order preventing a public body from acting unlawfully | — |
| declaration of unlawfulness / declaration of invalidity | Judicial declaration that an act or decision is unlawful | declaration of illegitimacy |
| administrative appeal / hierarchical appeal | Appeal within the administrative hierarchy before judicial review | gerarchico recourse (calque) |
| exhaustion of administrative remedies | Procedural requirement to use internal remedies before seeking judicial review | — |
| standing / sufficient interest / locus standi | Legal capacity to bring administrative proceedings | legitimate interest (civil law calque; may need translator's note) |
| legitimate interest | Civil-law concept distinct from "right" — standing-like concept with no direct common-law equivalent; retain in English with a translator's note where technical precision is required. Sub-lexicons map source-language equivalents | legitimate expectation (distinct — different concept) |
| tender challenge / procurement challenge | Challenge to a public procurement award | public bid recourse (calque) |
| expropriation / compulsory purchase | State acquisition of private property for public purpose against compensation | eminent domain (US — recognisable but keep UK default) |
| compensation for expropriation | Payment to the owner on compulsory acquisition | indemnity for expropriation |
| public procurement proceedings | Administrative procedure for award of public contracts | public tender (narrower — refers to the call only) |
| sanctions decision / administrative penalty | Administrative sanction imposed by a regulator (e.g., fine, disqualification) | administrative pecuniary sanction |

## Criminal Proceedings

| Correct English term | Usage / meaning | Avoid |
|---|---|---|
| criminal proceedings | Proceedings by the state to determine criminal liability | penal proceedings (calque) |
| criminal offence / crime | Conduct prohibited by criminal law | infraction (very minor offence only; US criminal code uses the term) |
| indictable offence (UK) / felony (US) | Serious offence triable on indictment | delict (civil law calque) |
| summary offence (UK) / misdemeanour (US) | Less serious offence tried by magistrates or similar | minor offence (too informal) |
| either-way offence (UK) | Offence triable summarily or on indictment | hybrid offence |
| charge / indictment | Formal accusation | accusation (less formal), imputation (calque of "imputazione") |
| information | A written charge laid before magistrates (UK) / filed by prosecutor (US) — procedural document | — |
| prosecution | The bringing of criminal proceedings by the state | persecution (false friend — never use in this sense) |
| Crown Prosecution Service (CPS, UK) / prosecuting authority / prosecutor's office | Body responsible for criminal prosecution | public prosecutor's office (acceptable generic term in civil-law contexts) |
| prosecutor / prosecuting counsel | The lawyer conducting the prosecution | public minister (calque of "pubblico ministero") |
| public prosecutor (civil law) | The state official with prosecution responsibility in civil-law systems (e.g., Italian PM, French Procureur) | public ministry (calque) |
| defendant / accused | The person charged with the offence | imputato (do not calque) |
| suspect | A person suspected of an offence who has not yet been charged | indagato (do not calque) |
| victim / complainant | The person who has suffered the offence or made the complaint | offended party (calque of "persona offesa"); civil party (reserve for parties civiles) |
| civil party (partie civile) | In civil-law systems, a victim joining the criminal proceedings to claim damages — no direct common-law equivalent; retain with translator's note | civil claimant in criminal proceedings (explanatory paraphrase) |
| preliminary investigation | Investigative phase conducted by police and/or prosecutor before charge | preliminary inquiry (civil law calque) |
| arrest | Detention of a person by the police on suspicion of an offence | — |
| detention / custody | Holding a person in custody (police or prison) | — |
| pre-trial detention / remand in custody | Detention of the accused before trial | preventive detention (acceptable but broader) |
| bail / release on bail | Conditional release of the accused pending trial | — |
| recognisance / undertaking | Formal promise to appear, with or without sureties | — |
| caution (UK) / Miranda warning (US) | Formal warning to a suspect of the right to silence / legal representation | — |
| right to silence / privilege against self-incrimination | Constitutional / common-law right not to answer questions that might incriminate | — |
| disclosure (criminal) | Prosecution's duty to disclose material to the defence | — |
| plea | The accused's formal response to the charge (guilty / not guilty) | — |
| guilty plea | Admission of the offence | — |
| plea bargaining / plea agreement | Agreement between prosecution and defence on plea and/or sentence — common in US; limited UK equivalents; widely used in civil-law jurisdictions under various national names | plea negotiation |
| arraignment | First court appearance at which the charge is put to the accused (US: formal step) | — |
| committal / sending for trial | Process of transferring a case from the lower to the higher court | — |
| trial | The hearing at which guilt is determined | debate (calque of "dibattimento") |
| jury | Body of lay people determining guilt (common-law jurisdictions) | — |
| verdict | The jury's decision on guilt | — |
| beyond reasonable doubt | The criminal standard of proof | — |
| balance of probabilities | Civil standard of proof (contrast with criminal) | — |
| sentence | The punishment imposed on conviction | condemnation (calque) |
| custodial sentence / imprisonment | Sentence of imprisonment | prison penalty |
| suspended sentence | Custodial sentence whose execution is suspended on conditions | — |
| community sentence / community order | Non-custodial sentence involving e.g. unpaid work, probation | alternative sanction |
| fine | Monetary penalty | pecuniary sanction (civil law calque) |
| confiscation order | Order depriving the offender of the proceeds of crime | — |
| compensation order | Order requiring offender to compensate the victim | — |
| disqualification | Prohibition from acting in a specified capacity (e.g., driving, directorship) | interdiction (narrower) |
| acquittal | Verdict of not guilty | absolution |
| conviction | Finding of guilt | — |
| appeal against conviction | Challenge to the finding of guilt | — |
| appeal against sentence | Challenge to the sentence | — |
| double jeopardy / ne bis in idem | Principle preventing repeated prosecution for the same offence | — |
| statute of limitations / limitation period (civil) / prescription (criminal, civil law) | Time limit after which proceedings / enforcement are barred — terminology varies by system | statute of limitation (keep "limitations" plural in UK/US practice) |
| extradition | Formal surrender of a person to another state to face trial or serve sentence | — |
| mutual legal assistance | Cross-border cooperation in criminal matters | judicial cooperation (calque) |
| European Arrest Warrant (EAW) | EU instrument for arrest and surrender between member states | European detention mandate (calque) |
| white-collar crime | Non-violent financial or business crime (fraud, bribery, insider dealing) | — |
| corporate criminal liability | Liability of a company for criminal offences | — |
| deferred prosecution agreement (DPA) | Agreement suspending prosecution in exchange for conditions (e.g., fine, compliance programme) — UK/US concept | — |

## Release and Waiver Terms

| Correct English term | Usage / meaning | Avoid |
|---|---|---|
| release and hold harmless | Complete release from liability and indemnification against claims | indemnity and release (less standard ordering) |
| indemnify and hold harmless | Covenant to compensate for or protect against liability. Note: in English practice "hold harmless" adds little to "indemnify"; in US practice the pairing is standard. Use the paired form where the source uses the doctrine-laden civil-law formula (e.g., *manleva*, *tener indemne*). | hold harmless alone (vague); indemnification alone (US form); indemnify / hold harmless (as separate rows — these are the same concept) |
| irrevocable waiver | Waiver that cannot be withdrawn or revoked | permanent waiver (informal) |
| waiver of any and all claims | Comprehensive waiver of known and unknown claims | release of all claims (narrower) |
| non-revival / bar on re-litigation | Legal principle that settled claims cannot be relitigated | finality clause (informal); res judicata (doctrine, not a contractual term) |
| defence of settlement | Legal defence raising settlement agreement as bar to further proceedings | accord and satisfaction (distinct doctrine) |
| novation | Substitution of new obligation for existing one, releasing original debtor | discharge by novation (less standard) |
| discontinuance / withdrawal of proceedings | Formal cessation of court proceedings by the claimant/plaintiff before final judgment; may carry costs implications. UK CPR uses "discontinuance" (Part 38); US federal practice uses "voluntary dismissal" (FRCP 41). | stay of proceedings (suspension, not cessation); abandonment (informal); dismissal (usually court-ordered, not party-initiated) |
| waiver of claim / release of action | Voluntary relinquishment of existing legal claim | release of action (informal duplicate) |
| each party bearing its own costs | Provision that each party bears its own legal costs and expenses | costs-neutral settlement (imprecise); split costs (different concept — cost-sharing) |

## Consent and Court-Related Terms

| Correct English term | Usage / meaning | Avoid |
|---|---|---|
| order for payment | Court order requiring payment of specified sum; in UK High Court practice typically embedded in a money judgment. In civil-law systems "payment order" / "decreto ingiuntivo" / "Mahnbescheid" is a distinct summary-payment instrument. | default judgment for debt (distinct concept — a default judgment does not automatically enforce) |
| order / ruling | Formal court decision on interlocutory or substantive matter | court order, decree |
| judgment | Final decision of a court determining the parties' rights and liabilities | sentence (civil law), decree |
| interim measure / injunctive relief | Temporary court order preventing action pending final decision | interlocutory relief, preliminary injunction |
| attachment / freezing order | Duplicate — see the primary row in the Enforcement/Judgment section above (line 178). Retained here for cross-reference only. | — |
| judicial seizure | Court-ordered seizure of goods or assets; civil-law concept (sequestro giudiziario / saisie judiciaire) where a court sequesters disputed property pending outcome. Translate as "judicial seizure" — not "attachment" (which is the pre-judgment enforcement remedy described above at line 178). | attachment (different concept — pre-judgment security, not custody of disputed property); sequestration (civil-law calque — use only where retaining Latin/French-derived form) |
| enforcement / execution | Duplicate — see the primary row in the Enforcement/Judgment section above (line 174). Retained here for cross-reference only. | — |
| court approval / homologation | Court ratification/approval of settlement agreement | court order approving settlement, exequatur |
| hearing record / minutes of hearing | Official record of proceedings at hearing | hearing transcript, hearing notes |
| court-approved settlement | Settlement agreement approved/ratified by court | judgment on agreed terms, Tomlin order (UK) |

## Confidentiality in Settlement

| Correct English term | Usage / meaning | Avoid |
|---|---|---|
| confidentiality of the settlement | Obligation to keep settlement terms confidential | confidentiality clause, settlement secrecy |
| non-disclosure obligation | Contractual duty not to disclose specified information | confidentiality obligation, secrecy clause |
| non-disparagement clause | Obligation not to make negative statements about other party or settlement | non-derogation clause, reputation clause |
| joint statement | Mutually approved public statement issued jointly by the parties about the settlement. Prefer "joint statement" as the default for formal settlement drafting. "Agreed statement" and "press release" are acceptable synonyms — "press release" when the text is intended for media distribution. | unilateral announcement (contradicts the "joint" nature) |

## Parties and Roles (Litigation)

| Correct English term | Usage / meaning | Avoid |
|---|---|---|
| judge | A judicial officer who decides legal questions | magistrate (in UK: lay justice of the peace — different role) |
| magistrate (UK) | Lay judicial officer sitting in the magistrates' court | judge of peace |
| lay magistrate / justice of the peace | Unpaid lay judicial officer | — |
| bench / panel | A group of judges sitting together | college of judges (calque) |
| single judge | A judge sitting alone | monocratic court (calque) |
| full bench / plenary / full court | All available judges sitting | plenum (calque) |
| counsel | A qualified lawyer acting as advocate | lawyer (too broad) |
| barrister (UK) | A lawyer with rights of audience in higher courts | advocate (used in Scotland; avoid for England/Wales) |
| solicitor (UK) | A lawyer who conducts litigation and may have limited rights of audience | attorney (reserve for US context) |
| attorney / attorney-at-law (US) | A US-qualified lawyer | advocate |
| in-house counsel | A lawyer employed by a company | company lawyer (acceptable but less formal) |
| paralegal | A non-qualified person assisting a lawyer | — |
| bailiff (UK) / court officer | Court officer executing court orders (e.g. seizure, eviction) | usher (different function) |
| process server | Person serving court documents | — |

## Section Headings

| Correct English heading | Avoid |
|---|---|
| RECITALS / BACKGROUND | WHEREAS (if combined with substantive recitals) |
| DEFINITIONS | TERMS AND DEFINITIONS |
| SUBJECT MATTER OF THE SETTLEMENT | OBJECT OF THE SETTLEMENT |
| OBLIGATIONS OF THE PARTIES | DUTIES, UNDERTAKINGS |
| PAYMENT | PAYMENT TERMS, CONSIDERATION |
| RELEASE AND WAIVER | WAIVER AND RELEASE, DISCHARGE |
| CONFIDENTIALITY | CONFIDENTIALITY AND NON-DISCLOSURE, SECRECY |
| PENALTY CLAUSE / LIQUIDATED DAMAGES | BREACH CLAUSE, DEFAULT CLAUSE |
| DISPUTE RESOLUTION | RESOLUTION OF DISPUTES, ARBITRATION |
| GOVERNING LAW | APPLICABLE LAW, LAW APPLICABLE |
| JURISDICTION | FORUM, COMPETENCE |
| GENERAL PROVISIONS | MISCELLANEOUS, FINAL CLAUSES |
| PLEADINGS / STATEMENTS OF CASE | — |
| EVIDENCE | PROOFS |
| JUDGMENT / ORDER | SENTENCE (reserve for criminal) |
| APPEAL | RECOURSE |
| ENFORCEMENT / EXECUTION | — |
| GROUNDS OF APPEAL / GROUNDS FOR REVIEW | — |
| CHARGE / INDICTMENT | IMPUTATION |
| SENTENCE (criminal only) | PUNISHMENT |

## Notes

- **Settlement vs. transaction ambiguity**: Many source languages use a single word for both "settlement" (legal resolution of a dispute) and "transaction" (commercial deal). Context determines which: in a dispute resolution context, always use "settlement"; in a commercial context, "transaction".

- **Full and final settlement**: Some source languages have a specific term (often colloquial) for a settlement that is complete and bars all further claims. The correct English is "full and final settlement" or "complete release".

- **"Accord and satisfaction"**: A common-law principle where a new consideration is given
  in exchange for release of existing claim. In civil-law systems, the equivalent concept
  is "settlement", which has different validity requirements (e.g., mutual concessions).
  Use "accord and satisfaction" only for common-law contexts.

- **"Without prejudice" / "without prejudice save as to costs"**: UK litigation privilege
  protecting settlement communications from admission as evidence. "Without prejudice save
  as to costs" allows the costs position to remain arguable even after settlement discussions.
  In non-UK contexts, clarify whether equivalent privilege exists.

- **"Tomlin order"**: UK procedure where disputed terms are kept confidential in a separate
  sealed document while the main agreement is filed with the court. Generic equivalent is
  "consent order" but "Tomlin order" should be used when referring to the UK-specific procedure.

- **"No admission of liability"**: Standard settlement clause clarifying that settlement
  does not constitute admission of fault or liability. Essential in many jurisdictions to
  preserve defences in related proceedings.

- **Consent orders**: In common-law jurisdictions, a settlement may be recorded as a "consent
  order" (approved by the court). In civil-law jurisdictions, the equivalent is a court-approved
  settlement or conciliation record filed with the court. Sub-lexicon provides source-language mappings.

- **"Entire agreement" in settlement context**: Clause confirming that the settlement
  agreement comprises the whole agreement on the dispute and supersedes all prior negotiations,
  understandings, and side letters. Critical for enforceability.

- **"Sentence" — false friend**: Many civil-law source languages use a cognate of "sentence"
  to mean any final judicial decision (civil, administrative or criminal). In English, "sentence"
  is reserved for criminal proceedings (the punishment imposed on conviction). In civil and
  administrative contexts use "judgment". This is one of the most common calques to watch for.

- **"Imputation" / "imputato" — false friend**: In civil-law systems, the accused is often
  called "imputato" (Italian), "imputé" (French), etc., and the verb "to impute" is used for
  "to charge". In English criminal procedure, the correct terms are "defendant" / "accused"
  and "to charge" (noun: "charge" or "indictment"). Never calque as "imputation" / "imputed".

- **"Legitimate interest" vs. "legitimate expectation"**: These are two distinct concepts
  often confused. "Legitimate interest" (interesse legittimo) is a civil-law concept of
  standing in administrative law, without a direct common-law equivalent. "Legitimate
  expectation" is an English-law doctrine protecting expectations induced by a public body.
  Do not conflate.

- **Civil party in criminal proceedings**: The civil-law concept of a victim joining criminal
  proceedings to claim damages ("partie civile", "parte civile", "Nebenkläger") has no direct
  common-law equivalent (US has "victim impact statements"; UK has separate civil proceedings).
  Retain the source term with a translator's note where the technical distinction matters.

- **"Court of cassation"**: Civil-law supreme courts (Cour de cassation, Corte di Cassazione,
  Tribunal Supremo) review points of law only, without retrying facts. This differs from the
  UK Supreme Court and US Supreme Court, which may consider facts in appropriate cases. Keep
  the proper name ("Court of Cassation") and, where the procedural role matters, add a
  translator's note.

- **"Judicial review" vs. "appeal"**: In English administrative law, "judicial review" is a
  distinct public-law procedure challenging the lawfulness of a decision (not its merits). In
  civil-law systems, administrative courts often review both legality and merits — translate
  with care and, if the source contemplates a merits review, consider "administrative appeal"
  or add a translator's note.

- **Exequatur / recognition and enforcement**: Many civil-law systems use "exequatur" for
  recognition and enforcement of foreign judgments/awards. In English legal writing, prefer
  "recognition and enforcement" and keep "exequatur" only where the procedure is expressly
  named as such (e.g., in EU regulations).
