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avoir connaissance contradictoirement

English translation: both parties may inspect them

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14:18 Dec 28, 2005
French to English translations [PRO]
Law/Patents - Insurance / personal injury claim
French term or phrase: avoir connaissance contradictoirement
Se faire communiquer tous documents et pièces qu’il estimera utiles à l’accomplissement de sa mission, sans que le bénéfice du secret professionnel puisse lui être opposé, à charge pour lui de communiquer aux parties les pièces ainsi directement obtenues, afin qu’elles en aient contradictoirement connaissance

does this just mean that all parties should be kept informed or is there a specific legal term required here? I am aware of the legal meaning of 'contradictoirement' but don't see how it fits in here. My draft translation reads as follows:
in order that they may jointly take cognisance thereof
I just want to make sure I'm not missing anything.
Legal experts, thanks in advance!
mwatchorn
Local time: 11:17
English translation:both parties may inspect them
Explanation:
I agree with Tinawizzy that it is in the sense of 'both' seeing all the documents, rather than 'jointly', but I would prefer to express it this way. Or, if there are more than 2 parties, you would need to use 'all parties'.

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Note added at 31 mins (2005-12-28 14:49:03 GMT)
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Your 'take cognisance thereof' is good, too (suitably legalese!). "So that both/all parties may take cognisance thereof".

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Note added at 32 mins (2005-12-28 14:50:37 GMT)
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The reason why 'jointly' sounds odd is that it implies the parties all get together to look at the discovery documents, whereas in fact it means they all have to be given an opportunity to see them - that's what makes the process 'contradictoire', both sides (all sides) get a look at the evidence.

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Note added at 41 mins (2005-12-28 14:59:21 GMT)
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Whoops! Just realised who I was posting to... Hello, Miriam, and sorry if I came across a bit patronising just now.
Selected response from:

Charlotte Allen
United Kingdom
Local time: 11:17
Grading comment
Thanks again. I've used the translation in your additional note.
4 KudoZ points were awarded for this answer

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Summary of answers provided
3 +2both parties may inspect them
Charlotte Allen
3for both to be made awaretinawizzy


  

Answers


2 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5
for both to be made aware


Explanation:
.

tinawizzy
Malta
Local time: 12:17
Native speaker of: English
Login to enter a peer comment (or grade)

29 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +2
both parties may inspect them


Explanation:
I agree with Tinawizzy that it is in the sense of 'both' seeing all the documents, rather than 'jointly', but I would prefer to express it this way. Or, if there are more than 2 parties, you would need to use 'all parties'.

--------------------------------------------------
Note added at 31 mins (2005-12-28 14:49:03 GMT)
--------------------------------------------------

Your 'take cognisance thereof' is good, too (suitably legalese!). "So that both/all parties may take cognisance thereof".

--------------------------------------------------
Note added at 32 mins (2005-12-28 14:50:37 GMT)
--------------------------------------------------

The reason why 'jointly' sounds odd is that it implies the parties all get together to look at the discovery documents, whereas in fact it means they all have to be given an opportunity to see them - that's what makes the process 'contradictoire', both sides (all sides) get a look at the evidence.

--------------------------------------------------
Note added at 41 mins (2005-12-28 14:59:21 GMT)
--------------------------------------------------

Whoops! Just realised who I was posting to... Hello, Miriam, and sorry if I came across a bit patronising just now.

Charlotte Allen
United Kingdom
Local time: 11:17
Works in field
Native speaker of: English
PRO pts in category: 31
Grading comment
Thanks again. I've used the translation in your additional note.

Peer comments on this answer (and responses from the answerer)
agree  Enza Longo
1 hr
  -> Thanks very much.

agree  Michael Lotz
6 hrs
  -> Thanks, Michael.
Login to enter a peer comment (or grade)




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