Resources from Billy

Directory of Terms

We've put together a directory of legal terms you may encounter during the litigation process. Click on a term to read a description of what it is.

Expert Witness

An expert in one of the specialities associated with the case such as obstetrician, midwife, paediatrician or radiologist. Throughout a case many expert reports are involved and assessments with the child. Both from claimants side and defence. 

Case Manager

One definition found on Google is:

‘Case managers are healthcare professionals who serve as patient advocates to support, guide and coordinate care for patients, families and caregivers as they navigate their health and wellness journeys’.

In litigation, case managers are usually brought into use when admissions have been made and quantum or interim stage is entered. Within medical litigation Case Managers (CM) are paid for by the deputy or litigation solicitor if they are holding the claimants interim funds. 

The Purpose of a CM is to support the family in putting together a regime of care and therapist that will benefit the claiment. During the interim they help to prove costs the child will need for the rest of their life.

A CM should bring in various therapists as needed, in reality all cases appear to have the same - SALT, OT and carers. A good CM will support the family.

Definition of capacity

Capacity means the mental capacity to make decisions for themselves over the age of 16. The relevant legislation is the Mental Capacity Act 2005. 

The MCA has 5 principles at its core:

Principle 1 – A presumption of capacity

Principle 2 – The right to be supported when making decisions

Principle 3 – An unwise decision cannot be seen as a wrong decision

Principle 4 – Best interests must be at the heart of all decision making

Principle 5 – Any intervention must be with the least restriction possible

Professional Deputies also have paralegals working with them. They are at a lower pay rate and should be the first point of contact to prevent high bills to the child's funds.

Professional Deputy

A professional Court of Protection deputy is a solicitor who has been instructed to manage the affairs of someone who lacks the mental capacity to make some or all decisions themselves in relation to their property and affairs or their health and welfare.

Barrister or KC (Kings Council)

Solicitors are unable to present a case in court hence why a Barrister is needed to lead the case and present to a Judge. Their main role is to act as advocates in legal hearings, which means they stand in court and plead the case on behalf of their clients in front of a judge. 

As most negligence cases are settled ‘out of court’ the Barrister also manages negotiations with the Defence Barrister and legal team.

Para legal

Less qualified solicitor who manages day to day and admin queries. Paralegals carry out research, prepare legal documents and can give legal advice to clients. 

Litigation Solicitor

Solicitor who manages the legal case. 


This will usually be the hospital Trust where the birth occurred

Litigation Friend

Usually a parent or family member who is over 18 and has instructed solicitors to act on behalf of the child. 


The child who is injured. Case is for the child and the child's future care costs. The Negligence process’ main premise is to put the injured person into the position or as near as possible that they would have been ‘BUT FOR THE INJURY’ a crucial legal term for negligence cases.

It is the child's costs and damages that are assessed and settlement based on.  

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