https://www.proz.com/kudoz/german-to-english/law-general/1811396-h%C3%B6chst-hilfsweise.html
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höchst hilfsweise

English translation: in the further and last alternative

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
German term or phrase:höchst hilfsweise
English translation:in the further and last alternative
Entered by: Steffen Walter

12:10 Mar 9, 2007
German to English translations [PRO]
Law/Patents - Law (general) / court proceedings
German term or phrase: höchst hilfsweise
Höchst hilfsweise ist festzustellen, dass die Kammer den Sachverhalt auch im Hinblick auf die Höhe des geltend gemachten Anspruches nicht fehlerfrei festgestellt hat.

I'm having a bit of trouble translating the phrase "Höchst hilfsweise ist festzustellen", particularly the "höchst hilfsweise"...if someone could help, that would be great.

Many thanks.
Emily Plank
Australia
Local time: 20:54
In the further and last alternative
Explanation:
Hierarchy of claiming relief not picked up on in previous ProZ answers:

The claimant seeks a declaration etc.:

1. in the 1st alternative or alternatively;
2. In the 2nd alternative;
3. in the 1st further alternative;
4. in the 2nd further alternative;
NB. No - In the furthest alternative


Selected response from:

Adrian MM. (X)
Local time: 14:54
Grading comment
thanks for this and thanks to everyone else for their help too!
4 KudoZ points were awarded for this answer



Summary of answers provided
4 +1In the further and last alternative
Adrian MM. (X)
4extremely helpful
David Moore (X)
3 +1by way of precaution / in the alternative
Steffen Walter
2 +1highly recommended alternative
Textklick
2as an exceptional alternative
Nesrin


Discussion entries: 3





  

Answers


17 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
extremely helpful


Explanation:
To answer my own question, if this is a solicitor's letter, it may be saying "It is extremely helpful (to our case) to find out/discover/ascertain that the chamber has also made a mistake in establishing the amount..." etc.

My other thought was that it might mean the exact opposite - but that is UNlikely if it's a solicitor's letter...
In other words, meaning "It's no help at all to find out that the chamber....", as in English one does occasionally say something in a sarcastic manner which means the exact reverse.

David Moore (X)
Local time: 14:54
Native speaker of: English
PRO pts in category: 328

Peer comments on this answer (and responses from the answerer)
neutral  Steffen Walter: You considered the possibility of a back-translation but it is not. Just standard legalese (s.b.).
39 mins
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14 mins   confidence: Answerer confidence 2/5Answerer confidence 2/5 peer agreement (net): +1
highly recommended alternative


Explanation:
hilfsweise (wahlweise) alternative(ly), in the alternative

Dietl/Lorenz law dictionary

Low CL as it is not my specialist area

"A recommended alternative would be to ascertain..."

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Note added at 27 mins (2007-03-09 12:38:01 GMT)
--------------------------------------------------

Correction: ""A highly* recommended alternative would be to ascertain..."

Textklick
Local time: 13:54
Works in field
Native speaker of: English
PRO pts in category: 4

Peer comments on this answer (and responses from the answerer)
agree  Lancashireman
2 hrs
  -> Thanks Andrew
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37 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +1
by way of precaution / in the alternative


Explanation:
Please check previous legal questions regarding "hilfsweise":

http://www.proz.com/kudoz/386085
http://www.proz.com/kudoz/34568
http://www.proz.com/kudoz/165814

The "höchst" strikes me as a bit superfluous, though.

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Note added at 55 mins (2007-03-09 13:06:24 GMT)
--------------------------------------------------

Nesrin may have a point here regarding the "höchst".

Steffen Walter
Germany
Local time: 14:54
Native speaker of: Native in GermanGerman
PRO pts in category: 438

Peer comments on this answer (and responses from the answerer)
agree  Hildegard Klein-Bodenheimer (X): Hilfsweise und höchst hilfsweise sind verschiedene Stufen. Ich würde daher im Falle von *höchst hilfsweise * ein *only* vorrausschicken. Siehe obengenannte Erklärung.
5 hrs
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44 mins   confidence: Answerer confidence 2/5Answerer confidence 2/5
as an exceptional alternative


Explanation:
I'm not sure this is the correct English legal term - but I think this is the intended meaning of the word "höchst".
I've checked a few websites, and "höchst hilfsweise" seems to be one stage further after "hilfsweise". So the person has certain claims or whatever, then "hilfsweise" he could accept something less substantial", and "höchst hilfsweise" is the really last or exceptional alternative he would accept.

See here:

Die Klägerin beantragt, - (blablabla); - hilfsweise, (blablabla) - oder, höchst hilfsweise, (blablabla) http://lexetius.com/2002,147


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Note added at 47 mins (2007-03-09 12:58:26 GMT)
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(sorry for the unclear sentence structure above - I was typing in a hurry)

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Note added at 1 hr (2007-03-09 13:25:25 GMT)
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Actually I'm pretty sure this is NOT the correct legal term in English - I just wanted to make a point that "höchst " has a function here. I hope someone can come up with the correct term.

Nesrin
United Kingdom
Local time: 13:54
Specializes in field
Native speaker of: Arabic
PRO pts in category: 36
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11 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
In the further and last alternative


Explanation:
Hierarchy of claiming relief not picked up on in previous ProZ answers:

The claimant seeks a declaration etc.:

1. in the 1st alternative or alternatively;
2. In the 2nd alternative;
3. in the 1st further alternative;
4. in the 2nd further alternative;
NB. No - In the furthest alternative




Example sentence(s):
  • In the further alternative, the appellant submitted that, pursuant to Rule 3 (b) of the General Rules, the goods in issue should be classified in heading No ...

    Reference: http://www.citt.gc.ca/appeals/decision/ap2a017_e.asp
Adrian MM. (X)
Local time: 14:54
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 790
Grading comment
thanks for this and thanks to everyone else for their help too!

Peer comments on this answer (and responses from the answerer)
agree  Steffen Walter: Thanks, just the "missing link" :)
9 hrs
  -> Bitte schön! Though it doesn't Google too well, 'further and alternatively etc.' is an Eng. legal drafting technique taught at law/Bar schools etc.
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