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litigation friend

French translation: tuteur d'instance

05:07 Sep 13, 2000
English to French translations [PRO]
Law/Patents
English term or phrase: litigation friend
In a claim form issued by the High Court of Justice
Jacqueline Kent
French translation:tuteur d'instance
Explanation:
Loi pour mineurs, UK. Voici la définition *bien* complète de *litigation friend*:

THE LITIGATION FRIEND

2.1
It is the duty of a litigation friend fairly and competently to conduct proceedings on behalf of a child or
patient. He must have no interest in the proceedings adverse to that of the child or patient and all steps
and decisions he takes in the proceedings must be taken for the benefit of the child or patient.
2.2
A person may become a litigation friend:
(1) of a child --


(a)without a court order under the provisions of rule 21.5, or
(b)by a court order under rule 21.6, and

(2) of a patient


(a)by authorisation under Part VII of the Mental Health Act 1983Acts, or
(b)by a court order under rule 21.6.


2.3
In order to become a litigation friend without a court order the person who wishes to act as litigation
friend must:
(1) if he wishes to act on behalf of a patient, file an official copy of the order or other document
which constitutes the authorisation referred to in paragraph 2.2(2)(a) above, or
(2) if he wishes to act on behalf of a child, or on behalf of a patient without the authorisation referred
to in (1) above, file a certificate of suitability4 -


(a)stating that he consents to act,
(b)stating that he knows or believes that the [claimant] [defendant] is a [ child][ patient],
(c)in the case of a patient, stating the grounds of his belief and if his belief is based upon medical
opinion attaching any relevant document to the certificate,
(d)stating that he can fairly and competently conduct proceedings on behalf of the child or patient
and has no interest adverse to that of the child or patient,
(e)where the child or patient is a claimant, undertaking to pay any costs which the child or patient
may be ordered to pay in relation to the proceedings, subject to any right he may have to be repaid
from the assets of the child or patient, and
(f)which he has signed in verification of its contents.


2.4
The litigation friend must serve a certificate of suitability5:
(1) in the case of a child (who is not also a patient) on one of the child's parents or guardians or if
there is no parent or guardian, on the person with whom the child resides or in whose care the child
is, and
(2) in the case of a patient on the person authorised under Part VII of the Mental Health Act
1983Acts to conduct proceedings on behalf of the patient or if there is no person so authorised, on
the person with whom the patient resides or in whose care the patient is.

2.4A
The litigation friend is not required to serve the documents referred to in paragraph 2.3(2)(c) when he
serves a certificate of suitability on the person to be served under paragraph 2.4.
2.5
The litigation friend must file either the certificate of suitability together with a certificate of service6 of it,
or the authorisation referred to in paragraph 2.3(1) above:
(1) where the litigation friend is acting on behalf of a claimant, when the claim form is issued, and
(2) where the litigation friend is acting on behalf of a defendant, when he first takes a step in the
action.

Traduction, de Termium, de l'équivalent nord-américain, *litigation guardian*:

French:Practice (Law)

tuteur à l'instance s CORRECT,MASC

tuteur d'instance s TRANSL. SOURCE,MASC
gardien ad litem s TRANSL. SOURCE,MASC
tuteur ad litem s TRANSL. SOURCE,MASC
tuteur pour un procès s TRANSL. SOURCE,MASC
tuteur spécial s AVOID,MASC
curateur ad litem s AVOID,MASC

OBS - tuteur à l'instance : Recommandation du Comité d'uniformisation des règles de procédure civile. s
Selected response from:

Yolanda Broad
United States
Local time: 13:23
Grading comment
Thank you for this very detailed answer which was very helpful
4 KudoZ points were awarded for this answer



Summary of answers provided
naPlease could we have more info?
Nikki Scott-Despaigne
natuteur d'instance
Yolanda Broad


  

Answers


56 mins
Please could we have more info?


Explanation:
Could you give further detail to assist?

Nikki

Nikki Scott-Despaigne
Local time: 19:23
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 882
Login to enter a peer comment (or grade)

2 hrs
tuteur d'instance


Explanation:
Loi pour mineurs, UK. Voici la définition *bien* complète de *litigation friend*:

THE LITIGATION FRIEND

2.1
It is the duty of a litigation friend fairly and competently to conduct proceedings on behalf of a child or
patient. He must have no interest in the proceedings adverse to that of the child or patient and all steps
and decisions he takes in the proceedings must be taken for the benefit of the child or patient.
2.2
A person may become a litigation friend:
(1) of a child --


(a)without a court order under the provisions of rule 21.5, or
(b)by a court order under rule 21.6, and

(2) of a patient


(a)by authorisation under Part VII of the Mental Health Act 1983Acts, or
(b)by a court order under rule 21.6.


2.3
In order to become a litigation friend without a court order the person who wishes to act as litigation
friend must:
(1) if he wishes to act on behalf of a patient, file an official copy of the order or other document
which constitutes the authorisation referred to in paragraph 2.2(2)(a) above, or
(2) if he wishes to act on behalf of a child, or on behalf of a patient without the authorisation referred
to in (1) above, file a certificate of suitability4 -


(a)stating that he consents to act,
(b)stating that he knows or believes that the [claimant] [defendant] is a [ child][ patient],
(c)in the case of a patient, stating the grounds of his belief and if his belief is based upon medical
opinion attaching any relevant document to the certificate,
(d)stating that he can fairly and competently conduct proceedings on behalf of the child or patient
and has no interest adverse to that of the child or patient,
(e)where the child or patient is a claimant, undertaking to pay any costs which the child or patient
may be ordered to pay in relation to the proceedings, subject to any right he may have to be repaid
from the assets of the child or patient, and
(f)which he has signed in verification of its contents.


2.4
The litigation friend must serve a certificate of suitability5:
(1) in the case of a child (who is not also a patient) on one of the child's parents or guardians or if
there is no parent or guardian, on the person with whom the child resides or in whose care the child
is, and
(2) in the case of a patient on the person authorised under Part VII of the Mental Health Act
1983Acts to conduct proceedings on behalf of the patient or if there is no person so authorised, on
the person with whom the patient resides or in whose care the patient is.

2.4A
The litigation friend is not required to serve the documents referred to in paragraph 2.3(2)(c) when he
serves a certificate of suitability on the person to be served under paragraph 2.4.
2.5
The litigation friend must file either the certificate of suitability together with a certificate of service6 of it,
or the authorisation referred to in paragraph 2.3(1) above:
(1) where the litigation friend is acting on behalf of a claimant, when the claim form is issued, and
(2) where the litigation friend is acting on behalf of a defendant, when he first takes a step in the
action.

Traduction, de Termium, de l'équivalent nord-américain, *litigation guardian*:

French:Practice (Law)

tuteur à l'instance s CORRECT,MASC

tuteur d'instance s TRANSL. SOURCE,MASC
gardien ad litem s TRANSL. SOURCE,MASC
tuteur ad litem s TRANSL. SOURCE,MASC
tuteur pour un procès s TRANSL. SOURCE,MASC
tuteur spécial s AVOID,MASC
curateur ad litem s AVOID,MASC

OBS - tuteur à l'instance : Recommandation du Comité d'uniformisation des règles de procédure civile. s


    Reference: http://opal.he.net/~hrothgar/YAWS/rules/part-02.htm#litigati...
    Reference: http://www.termium.com
Yolanda Broad
United States
Local time: 13:23
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 724
Grading comment
Thank you for this very detailed answer which was very helpful
Login to enter a peer comment (or grade)



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