Glossary entry (derived from question below)
French term or phrase:
Droits sur le dossier juridique
English translation:
Proceeds of the legal case
- The asker opted for community grading. The question was closed on 2019-05-09 16:54:08 based on peer agreement (or, if there were too few peer comments, asker preference.)
May 6, 2019 12:06
5 yrs ago
1 viewer *
French term
United Kingdom
Droits sur le dossier juridique
French to English
Law/Patents
Law (general)
Property/real estate
Hi all, could anyone help me with the above term please? In my text 'le dossier juridique' is the legal case so would 'droits sur...' be the 'damages awarded' rather than 'rights' in this context? It gives an example of 'damages' in brackets but is it sufficiently general to use for 'droits' too? Many thanks.
L'investisseur partenaire aurait alors droit à 50% des droits sur le dossier juridique affectant le projet initial (dommages objets de la négociation avec la mairie évalues a 765.000€) et 5O% des indemnités obtenues du promettant vendeur.
The partner investor would then be entitled to 50% of the "damages awarded in the lawsuit" concerning the original project (damages relating to the negotiation with the town council assessed at EUR 765,000) and 50% of the compensation obtained from the promisor seller.
Many thanks.
L'investisseur partenaire aurait alors droit à 50% des droits sur le dossier juridique affectant le projet initial (dommages objets de la négociation avec la mairie évalues a 765.000€) et 5O% des indemnités obtenues du promettant vendeur.
The partner investor would then be entitled to 50% of the "damages awarded in the lawsuit" concerning the original project (damages relating to the negotiation with the town council assessed at EUR 765,000) and 50% of the compensation obtained from the promisor seller.
Many thanks.
Proposed translations
(English)
| 5 +2 | Proceeds of the legal case |
Eliza Hall
|
| 3 | (contingent) interests in respect of the legal case |
Adrian MM.
|
Proposed translations
+2
5 hrs
Eliza Hall
United States
United States
Native in English
Specializes in field
United States
Lawyer-Translator-Certified Interpreter
Native in: English (Variants: British, UK, US, Scottish, Canadian, Irish)
Works in: French to English, English to French
Related KudoZ points
:
145
Selected
Proceeds of the legal case
This sounds like it's about litigation financing (see link). Investors in litigation financing, a.k.a. litigation funders, enter into contracts to fund litigation in one of various ways (e.g. advancing money to a law firm that has agreed to take a case on contingency), and under the contract they have the right to a share of any proceeds.
"Droits," in the plural, can mean money: droits de notaire (notary-attorney fees), for instance. That's how I read it here.
Proceeds is a better word than damages because most cases settle, and settlement funds aren't called damages. "Proceeds" covers everything -- jury verdicts, bench-case verdicts, indemnities, settlements, etc. -- any money paid out as a result of the case.
Adrian's suggestion could work too; it's logical. What I like less about it is that it's more vague (what is an "interest in respect of the legal case"?) and it sounds broader than what this is. Investors who enter into contracts to provide funding for litigation in exchange for X% of the proceeds have a narrow and purely financial interest; they have no interest in any of the other aspects of the case, such as --
- The underlying property, if any (e.g. the patent in a patent infringement case, or the land in a real estate case);
- The injury giving rise to the causes of action (e.g., the bodily harm to thousands of people in a medical-device class action case);
- The legal principles at issue in the case or the legal rules that could be changed by the case.
It's strictly an investment. So saying that they have an "interest in the legal case" is too broad and even a bit misleading; they just have a contractual property interest in X% of the financial proceeds.
Article on litigation financing: https://thehedgefundjournal.com/the-emerging-market-for-liti...
"Droits," in the plural, can mean money: droits de notaire (notary-attorney fees), for instance. That's how I read it here.
Proceeds is a better word than damages because most cases settle, and settlement funds aren't called damages. "Proceeds" covers everything -- jury verdicts, bench-case verdicts, indemnities, settlements, etc. -- any money paid out as a result of the case.
Adrian's suggestion could work too; it's logical. What I like less about it is that it's more vague (what is an "interest in respect of the legal case"?) and it sounds broader than what this is. Investors who enter into contracts to provide funding for litigation in exchange for X% of the proceeds have a narrow and purely financial interest; they have no interest in any of the other aspects of the case, such as --
- The underlying property, if any (e.g. the patent in a patent infringement case, or the land in a real estate case);
- The injury giving rise to the causes of action (e.g., the bodily harm to thousands of people in a medical-device class action case);
- The legal principles at issue in the case or the legal rules that could be changed by the case.
It's strictly an investment. So saying that they have an "interest in the legal case" is too broad and even a bit misleading; they just have a contractual property interest in X% of the financial proceeds.
Article on litigation financing: https://thehedgefundjournal.com/the-emerging-market-for-liti...
Peer comment(s):
| agree |
Germaine
: seeing the same problem: what are the "interests in respect of the legal case" ?
3 hrs
|
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Merci.
|
|
| agree |
AllegroTrans
: keep it simple
7 hrs
|
|
Merci.
|
|
| neutral |
Adrian MM.
: a contingency or conditional sharing or fee arrangement also means sharing of litigation losses - a fact that Germaine mighjt be astute to when it comes to 'contingent interests' in the case.//NB: prof. negligent law firms in the UK have had to contribute
13 hrs
|
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Those are not related to litigation financing. They're fee structures law firms may propose to clients. And BTW they don't involve sharing litigation losses; neither law firms nor litigation funders pay any share of a damages award.
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4 KudoZ points awarded for this answer.
Comment: "Selected automatically based on peer agreement."
1 hr
Adrian MM.
Austria
Austria
Native in English
Specializes in field
Austria
Retd.T&I, Barrister & Austro-Advokat
Native in: English (Variants: British, Scottish) 
Works in: Spanish to English, English to Spanish, French to English, and 5 more.
Related KudoZ points
:
359
(contingent) interests in respect of the legal case
Assuming Portuguese/Spanish influence from an 'expediente' = a (planning) application, case or claim and an action already pending, though unclear from the (non-insurance and non-fee sharing?) context.
Damages does or do seem over-specific as spelt out in the brackets.
Consider, rather, pecuniary interests and/or entitlements cf. droit de bail a leasehold interest.
Droits 'sur' > 'in respect of' is a prepositional phrase often used as a UK legislative and law professional copout.
>The investing partner would then be entitled to 50% of the \"contingent interests in the lawsuit\" concerning the original project (damages relating to the negotiation with the town council assessed at EUR 765,000) and 50% of such compensation payments as are obtained from the prospective seller (under the prelim. agreement to sell)<
Damages does or do seem over-specific as spelt out in the brackets.
Consider, rather, pecuniary interests and/or entitlements cf. droit de bail a leasehold interest.
Droits 'sur' > 'in respect of' is a prepositional phrase often used as a UK legislative and law professional copout.
>The investing partner would then be entitled to 50% of the \"contingent interests in the lawsuit\" concerning the original project (damages relating to the negotiation with the town council assessed at EUR 765,000) and 50% of such compensation payments as are obtained from the prospective seller (under the prelim. agreement to sell)<
Discussion
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https://www.google.com/search?ei=lZnQXIzuHIG0tQXUlpvQCg&q="p...
Si l’on pense "back-translation", je ne suis pas certaine du tout que "50% of the (contingent) interests with respect to the legal case" (50% des intérets/participations (éventuel(le)s) à l’égard de la poursuite) soit équivalent à "50% of the proceeds of the legal case" (50% du produit de la poursuite).
D’une part, les "intérêts" ou "participations" des partenaires ne sont pas "éventuels", mais formels: 50%-50%. Et je doute qu’on vise ici "l’intérêt" de la Mairie "à l’égard de la poursuite".