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English translation: Explanation: BBB v. AAA. The Crown or AG is the nominal prosecutor of the action that 'relates back' to BBB

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
English term or phrase:ex parte in judicial review/UK admin. law -> R. or AG (public-nuisance relator) v. public body AAA ex parte private citizen BBB
English translation:Explanation: BBB v. AAA. The Crown or AG is the nominal prosecutor of the action that 'relates back' to BBB
Entered by: xxxKirstyMacC
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18:26 Aug 7, 2004
English to English translations [PRO]
Law/Patents - Law (general)
English term or phrase: sentence
Terms of Reference for the Inquiry

“In the light of the XXX judgement in the case of YYY v. Secretary of State for the Home Department ex parte ZZZ, to investigate and report to the Home Secretary on the death of KKK

I will be thankful if you could explain the meaning particularly from Home Department ex parte ZZZ.

Thank you.
Gulshan
It means: ZZZ v. XXX Home Department (in UK ADMIN. LAW if YYY is R. = the Crown)
Explanation:
Don't be fooled by the mix-up of parties.

See my ITA/ENG answer to contro-interessato of today->

'This is the way applications for JUDICIAL REVIEW are brought in UK admin law by a PRIVATE individual ZZZ against a PUBLIC body XXX: YYY = R. (Regina/the Crown) v. XXX (as nominal defendant) ex parte (on the application of) ZZZ - as the real complainant.

Two main reasons:

1. there is still some doubt about the public status of such private actions and the locus standi = standing of ZZZ (a surviving dependant of the late KKK?)in launching the action;

2. The *Crown* nominally brings the admin. action as in a crim. prosecution and on behalf of ZZZ 'in the public interest'.

Such cases are reported as COD = *CROWN OFFICE DEPT.*, part of the QBD/ Queen's Bench Division of the London High Court where such applications are launched.

Venables v. Hornby (HL). 2004. *R v. A Special Commissioner, ex parte Morgan Grenfell & Co Ltd* (HL). 2003. ... *R v. Hertfordshire CC, ex parte A* (CA). 2001. ...









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Note added at 2004-08-08 07:37:20 (GMT)
--------------------------------------------------

cf relator actions - \'the real party in interest\'- in AE & BE when a US Fed. State or a US Fed./UK Attorney-General launches the action on behalf of a private citizen to which the application \'relates back\'.
Selected response from:

xxxKirstyMacC
Local time: 17:07
Grading comment
Thank you
4 KudoZ points were awarded for this answer

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Summary of answers provided
4 +4It means: ZZZ v. XXX Home Department (in UK ADMIN. LAW if YYY is R. = the Crown)xxxKirstyMacC
4expalnation
Iolanta Vlaykova Paneva
1 +2here goes...
Jonathan MacKerron


Discussion entries: 2





  

Answers


14 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
expalnation


Explanation:
Ex parte is a Latin legal term meaning "from (by or for) one party" (pronounced "ekss par-TAY" or "ekss par-TEE")

An ex parte decision is one decided by a judge without requiring the plaintiff to be present. In U.S., and U.K. legal doctrine it means: "Legal proceeding brought by one person in the absence of and without representation or notification of other parties


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Note added at 14 mins (2004-08-07 18:41:31 GMT)
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typo-expalnation

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Note added at 15 mins (2004-08-07 18:41:49 GMT)
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explanation
sorry

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Note added at 19 mins (2004-08-07 18:46:06 GMT)
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vhttp://216.239.59.104/search?q=cache:CNpGOakAzxwJ:www.wordiq...

Iolanta Vlaykova Paneva
Canada
Local time: 12:07
Works in field
Native speaker of: Bulgarian
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11 mins   confidence: Answerer confidence 1/5Answerer confidence 1/5 peer agreement (net): +2
here goes...


Explanation:
based on judgement XXX of the case of YYY against the Secretary of State for the Home Department on behalf of ZZZSec, which investigated and reported the death of KKK to the Home Secretary...

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Note added at 12 mins (2004-08-07 18:39:08 GMT)
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sorry, strike the Sec from ZZZSec

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Note added at 15 mins (2004-08-07 18:42:10 GMT)
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for ex parte Webster says
\"1 : on or from one side only used of such legal matters as injunctions, commissions, hearings, and testimony and ordinarily implying a hearing or examination in the presence of or on papers filed by one party and in the absence of and often without notice to the other party
2 : from a one-sided or partisan point of view (the bully proceeds at once by superior power to enforce his own ex parte notion of what is right Christian Century) (was discussed ex parte by vehement propagandists on both sides F.L.Allen)\"

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Note added at 23 mins (2004-08-07 18:50:22 GMT)
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perhaps \"ones-sidedly\" better describes ex parte

Jonathan MacKerron
Native speaker of: Native in EnglishEnglish
PRO pts in category: 24

Peer comments on this answer (and responses from the answerer)
agree  Marian Greenfield
11 mins

agree  Vicky Papaprodromou
1 hr
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2 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +4
It means: ZZZ v. XXX Home Department (in UK ADMIN. LAW if YYY is R. = the Crown)


Explanation:
Don't be fooled by the mix-up of parties.

See my ITA/ENG answer to contro-interessato of today->

'This is the way applications for JUDICIAL REVIEW are brought in UK admin law by a PRIVATE individual ZZZ against a PUBLIC body XXX: YYY = R. (Regina/the Crown) v. XXX (as nominal defendant) ex parte (on the application of) ZZZ - as the real complainant.

Two main reasons:

1. there is still some doubt about the public status of such private actions and the locus standi = standing of ZZZ (a surviving dependant of the late KKK?)in launching the action;

2. The *Crown* nominally brings the admin. action as in a crim. prosecution and on behalf of ZZZ 'in the public interest'.

Such cases are reported as COD = *CROWN OFFICE DEPT.*, part of the QBD/ Queen's Bench Division of the London High Court where such applications are launched.

Venables v. Hornby (HL). 2004. *R v. A Special Commissioner, ex parte Morgan Grenfell & Co Ltd* (HL). 2003. ... *R v. Hertfordshire CC, ex parte A* (CA). 2001. ...









--------------------------------------------------
Note added at 2004-08-08 07:37:20 (GMT)
--------------------------------------------------

cf relator actions - \'the real party in interest\'- in AE & BE when a US Fed. State or a US Fed./UK Attorney-General launches the action on behalf of a private citizen to which the application \'relates back\'.


    Reference: http://www.devchambers.co.uk/case_detail_other.html?id=1065
xxxKirstyMacC
Local time: 17:07
Native speaker of: Native in EnglishEnglish
PRO pts in category: 4
Grading comment
Thank you

Peer comments on this answer (and responses from the answerer)
agree  DGK T-I: eg: http://www.pfc.org.uk/legal/rg-pg.htm
1 hr
  -> Thx. Marvellous ref - if, indeed, the Crown/R. is the nominal intervener/ prosecutor.

agree  Madeleine MacRae Klintebo
2 hrs
  -> Tack ska du ha!

agree  Jörgen Slet
14 hrs
  -> Thx.

agree  Saleh Chowdhury, Ph.D.
15 hrs
  -> Thx.
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