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  3. Law (general)

chiamare in causa terzi a rilievo o a garanzia

English translation: (as defendant/s: AmE implead) join in third parties for contributory relief or an indemnity (vs. guarantee)

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Italian term or phrase:chiamare in causa terzi a rilievo o a garanzia
English translation:(as defendant/s: AmE implead) join in third parties for contributory relief or an indemnity (vs. guarantee)
Entered by: Adrian MM.

14:41 Apr 28, 2019
Italian to English translations [PRO]
Law/Patents - Law (general) / Procura
Italian term or phrase: chiamare in causa terzi a rilievo o a garanzia
in una procura alle liti per avvocati :
proporre domande riconvenzionali, integrare il contraddittorio, ***chiamare in causa terzi a rilievo o a garanzia***
cosa significa> a rilievo o a garanzia
HATEM EL HADARY
Local time: 06:12
(as defendant/s) join in third parties for a contribution (relief) or an indemnity
Explanation:
'We've had this (first part) before'

Third-party notice and proceedings - in England & Wales civil procedure and since Lord Woolf's 1998 civil justice reforms - are now (IMO pointlessly and confusingly) known as a Part 20 claim

Third-party proceedings > A sues B as a *defendant* who blames - so joins into the action - C for a 'contribution' and an indemnity (not a guarantee).

If A is given judgment against B, the latter will turn to C for a contribution e.g. 1%-100% ('contributory relief' - rilevo) and indemnity of any damages and costs awarded against B. (C does not give A a *guarantee*. Diagrammatically;

A > B >< C (indemnifies B)

Contrast a plaintiff, (Scots) pursuer or (E&W) *claimant* adding one or more *co-defendant(s)* vs. third parties to the action. The co-defendants (Latin: inter se) as between themselves can, in the UK, bring 'contribution proceedings' against each other to cough up for any award the court makes against any of them.

A sues > B as defendant (a motorist), then finds C (a car owner without any insurance) is a confederate so adds (vs. joins) the latter as a co-defendant. Pictorially:

B >< C fight it out for a contribution to each other

PS the court may apportion liability anyway e.g. 60%-40% between the co-defendants who disagree with the percentages.

BTW, this is a trick UK law (Bar) finals civil-litigation (procedure) question that many candidates fall down on.


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Note added at 2 hrs (2019-04-28 16:55:30 GMT)
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NB the term of 'impleading' third parties in civil proceedings is US Eng. Impleader as a process is used albeit rarely in UK criminal prosecutions.
Selected response from:

Adrian MM.
Austria
Grading comment
THANKS
4 KudoZ points were awarded for this answer



Summary of answers provided
4(as defendant/s) join in third parties for a contribution (relief) or an indemnity
Adrian MM.


  

Answers


2 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
(as defendant/s) join in third parties for a contribution (relief) or an indemnity


Explanation:
'We've had this (first part) before'

Third-party notice and proceedings - in England & Wales civil procedure and since Lord Woolf's 1998 civil justice reforms - are now (IMO pointlessly and confusingly) known as a Part 20 claim

Third-party proceedings > A sues B as a *defendant* who blames - so joins into the action - C for a 'contribution' and an indemnity (not a guarantee).

If A is given judgment against B, the latter will turn to C for a contribution e.g. 1%-100% ('contributory relief' - rilevo) and indemnity of any damages and costs awarded against B. (C does not give A a *guarantee*. Diagrammatically;

A > B >< C (indemnifies B)

Contrast a plaintiff, (Scots) pursuer or (E&W) *claimant* adding one or more *co-defendant(s)* vs. third parties to the action. The co-defendants (Latin: inter se) as between themselves can, in the UK, bring 'contribution proceedings' against each other to cough up for any award the court makes against any of them.

A sues > B as defendant (a motorist), then finds C (a car owner without any insurance) is a confederate so adds (vs. joins) the latter as a co-defendant. Pictorially:

B >< C fight it out for a contribution to each other

PS the court may apportion liability anyway e.g. 60%-40% between the co-defendants who disagree with the percentages.

BTW, this is a trick UK law (Bar) finals civil-litigation (procedure) question that many candidates fall down on.


--------------------------------------------------
Note added at 2 hrs (2019-04-28 16:55:30 GMT)
--------------------------------------------------

NB the term of 'impleading' third parties in civil proceedings is US Eng. Impleader as a process is used albeit rarely in UK criminal prosecutions.

Example sentence(s):
  • Apportioning liability: third party claims vs. notices to co-defendants
  • England & Wales: Part 20 claim This covers what were formerly known as third party proceedings, and counterclaims. Under the Civil Procedure Rules, a Part 20 claim means any claim other than a claim by a claimant against a defendant.

    Reference: http://www.proz.com/kudoz/italian-to-english/law-general/567...
    Reference: http://www.burges-salmon.com/news-and-insight/legal-updates/...
Adrian MM.
Austria
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 342
Grading comment
THANKS
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