Glossary entry (derived from question below)
Italian term or phrase:
chiamare nella causa
English translation:
bring third party proceedings
- The asker opted for community grading. The question was closed on 2011-05-29 09:54:14 based on peer agreement (or, if there were too few peer comments, asker preference.)
May 25, 2011 16:36
13 yrs ago
9 viewers *
Italian term
chiamare nella causa
Italian to English
Law/Patents
Finance (general)
Civil court proceedings
Part of a financial report of a bank reporting on court proceedings. Obviously the meaning is fairly clear in that it seems that this director is being sued for damages and applied to the judge to be able to sue other people because they were liable and not him or possibly also him. How do you say that in English anybody? I have looked in the glossary. Something like joining them to the case, but obviously not on his side or anybody's side. Oh I am trying to use general wordwide terms (plaintiff) rather than narrow country specific terms(claimant).
Fra questi si segnala la notifica al xbanca , avvenuta nel marzo 2011, di un atto di citazione da parte di un ex amministratore della ysocietà Spa (in Amministrazione Straordinaria dal 2006) a comparire dinanzi al Tribunale ... per far accertare la responsabilità nell’aggravamento della posizione della ysocietà Spa del xbanca unitamente ad altri cinque primari istituti di credito ... tutti parimenti convenuti.
Tale atto fa seguito ad una vertenza instaurata contro la parte attrice, avanti il Tribunale di Milano, dal Commissario Giudiziale di ysocietà in amministrazione straordinaria, volta a far dichiarare la sua responsabilità, in qualità di amministratore, per il dissesto della società.
Non avendo il giudice accolto l’istanza di parte attrice di **chiamare nella causa** instaurata a suo carico i soggetti sopracitati, l’ex amministratore di ysocietà Spa ha provveduto alla notifica della citazione per l’instaurazione di un giudizio autonomo.
Fra questi si segnala la notifica al xbanca , avvenuta nel marzo 2011, di un atto di citazione da parte di un ex amministratore della ysocietà Spa (in Amministrazione Straordinaria dal 2006) a comparire dinanzi al Tribunale ... per far accertare la responsabilità nell’aggravamento della posizione della ysocietà Spa del xbanca unitamente ad altri cinque primari istituti di credito ... tutti parimenti convenuti.
Tale atto fa seguito ad una vertenza instaurata contro la parte attrice, avanti il Tribunale di Milano, dal Commissario Giudiziale di ysocietà in amministrazione straordinaria, volta a far dichiarare la sua responsabilità, in qualità di amministratore, per il dissesto della società.
Non avendo il giudice accolto l’istanza di parte attrice di **chiamare nella causa** instaurata a suo carico i soggetti sopracitati, l’ex amministratore di ysocietà Spa ha provveduto alla notifica della citazione per l’instaurazione di un giudizio autonomo.
Proposed translations
(English)
Proposed translations
+2
7 hrs
Selected
bring third party proceedings
Hi Jim, usually translates as 'Third party claim' or 'Third party proceedings' - in your context I would probably translate as 'bring third party proceedings against the aforementioned parties'
Third Party Claim definition:
A claim made by a defendant within existing legal proceedings seeking to enjoin a person not party to the original action, to enforce a related duty.
http://www.duhaime.org/LegalDictionary/T/ThirdPartyClaim.asp...
Good references to 'third party proceedings' & 'third party procedure' in England on page 4 of this PDF - can't copy as the file is protected.
http://fds.oup.com/www.oup.co.uk/pdf/0-19-826896-3.pdf
Third Party Claim definition:
A claim made by a defendant within existing legal proceedings seeking to enjoin a person not party to the original action, to enforce a related duty.
http://www.duhaime.org/LegalDictionary/T/ThirdPartyClaim.asp...
Good references to 'third party proceedings' & 'third party procedure' in England on page 4 of this PDF - can't copy as the file is protected.
http://fds.oup.com/www.oup.co.uk/pdf/0-19-826896-3.pdf
4 KudoZ points awarded for this answer.
Comment: "Thanks Ivana, I used bring a third party claim"
27 mins
David Turnbull
United Kingdom
United Kingdom
Native in English
Specializes in field
United Kingdom
Related KudoZ points
:
31
impleader
sounds like an impleader, but I will check around more.
http://www.ehow.co.uk/facts_6821633_definition-third_party-a...
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Note added at 54 mins (2011-05-25 17:31:15 GMT)
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Yes, I think this is right. The judge refused to implead Bank X and the other five. In England and Wales I believe the term is "initiate third party proceedings" or a "part 20 claim" but implead ought to suit here.
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Note added at 1 hr (2011-05-25 17:58:12 GMT)
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Hi Jim. Can't say I've come across it much myself but it seems to hold up in this context.
http://www.ehow.co.uk/facts_6821633_definition-third_party-a...
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Note added at 54 mins (2011-05-25 17:31:15 GMT)
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Yes, I think this is right. The judge refused to implead Bank X and the other five. In England and Wales I believe the term is "initiate third party proceedings" or a "part 20 claim" but implead ought to suit here.
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Note added at 1 hr (2011-05-25 17:58:12 GMT)
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Hi Jim. Can't say I've come across it much myself but it seems to hold up in this context.
Note from asker:
| Hi David, "implead"? it Googles well and seems right. What frightens is that I've never seen the word before! |
| Thanks David |
+1
1 hr
CristianaC
United Kingdom
United Kingdom
Native in Italian
&
English
Specializes in field
United Kingdom
Finance-legal specialist- Ivy League MBA
Native in: Italian 
, English
Works in: English to Italian, Italian to English, French to Italian, and 2 more.
Related KudoZ points
:
371
file a third-party complaint
this may be the simple version of impleader
http://www.wisegeek.com/what-is-a-third-party-complaint.htm
http://www.ohiolegalservices.org/public/legal_problem/courts...
http://www.wisegeek.com/what-is-a-third-party-complaint.htm
http://www.ohiolegalservices.org/public/legal_problem/courts...
Note from asker:
| Thanks Cristiana I think, I'll probably use this, but I'll wait for now. |
| Thanks Cristiana |
2 hrs
Thomas Roberts
Native in Italian
&
English
Specializes in field
Multilingual academic lawyer
Native in: English (Variant: Scottish) , Italian
Works in: Italian to English, German to English, French to English, and 3 more.
Related KudoZ points
:
994
summon
If the defendant wants to say it wasnae me but I know who it was, then he summons a third party.
E.g. http://www.docstoc.com/docs/9469/THIRD-PARTY-SUMMONS
E.g. http://www.docstoc.com/docs/9469/THIRD-PARTY-SUMMONS
Note from asker:
| Hi Tam, now I have what look like three answers all backed by very good and equally convincing references. |
| Thanks Tam |
1 day 19 hrs
join parties to the proceedings (as defendants)
I’ve come into this a bit late, and so it may now be academic, but I've thought about it and just discussed it with an Italian lawyer. On the basis of the info we have, [and bear with me] IMHO:
A sues B saying he owes him dosh. Let’s say B decorated a house for A and it all went wrong.
B thinks that if he owes A anything, then it’s C’s fault, because C sold B duff paint. So, in the same proceedings (at least in Eng), A sues C, saying ‘whatever I have to pay A, it’s your fault and I want money from you’. (As Ivana says - to enforce a related duty.)
The claim by B against C is a third party claim, with C having no liability to A. The judge cannot order, these proceedings, C to pay A.
In Jim’s case, first CG sues the ex director of Y, saying Y’s collapse was all the ex director’s fault.
Y then asked to be able to ‘chiamare nella causa instaurata a suo carico’ the X bank plus 5 others, as he says it was their fault/their fault as well. He was saying that the allegations brought against him by the CG were allegations that should be brought/also brought against X + 5. If the judge had agreed, at the end of the proceedings he could have ordered X+ 5 to pay the CG. But Y’s application is refused, (so he goes off and starts fresh proceedings against X+ 5 himself).
So I’m not convinced it’s necessarily right to call his ‘chiamare in causa’ third party proceedings. He didn’t ask the court to let him bring a claim against them himself. He asked the court to add them as defendants. I think Jim’s instinct was right – he applied to join X bank plus 5 others to the proceedings brought against him.
If I was doing the translation I think I would put it like this and add a note, saying that the report of course isn’t, by its nature, a legal analysis and if I saw the pleadings I might put it a different way.
Any views received with interest, inc. those on the lines of 'you're being too English lawyery'.
A sues B saying he owes him dosh. Let’s say B decorated a house for A and it all went wrong.
B thinks that if he owes A anything, then it’s C’s fault, because C sold B duff paint. So, in the same proceedings (at least in Eng), A sues C, saying ‘whatever I have to pay A, it’s your fault and I want money from you’. (As Ivana says - to enforce a related duty.)
The claim by B against C is a third party claim, with C having no liability to A. The judge cannot order, these proceedings, C to pay A.
In Jim’s case, first CG sues the ex director of Y, saying Y’s collapse was all the ex director’s fault.
Y then asked to be able to ‘chiamare nella causa instaurata a suo carico’ the X bank plus 5 others, as he says it was their fault/their fault as well. He was saying that the allegations brought against him by the CG were allegations that should be brought/also brought against X + 5. If the judge had agreed, at the end of the proceedings he could have ordered X+ 5 to pay the CG. But Y’s application is refused, (so he goes off and starts fresh proceedings against X+ 5 himself).
So I’m not convinced it’s necessarily right to call his ‘chiamare in causa’ third party proceedings. He didn’t ask the court to let him bring a claim against them himself. He asked the court to add them as defendants. I think Jim’s instinct was right – he applied to join X bank plus 5 others to the proceedings brought against him.
If I was doing the translation I think I would put it like this and add a note, saying that the report of course isn’t, by its nature, a legal analysis and if I saw the pleadings I might put it a different way.
Any views received with interest, inc. those on the lines of 'you're being too English lawyery'.
Note from asker:
| Thanks Joanna. Well that has put the cat amongst the pigeons. Unfortunately, or perhaps fortunately for me, it is just a very small part of a very large financial report of a bank. The bank is required to disclose details of litigation, so this is just a short paragraph in a list of all the cases. A minor error on a point of legal proceedings is basically no sweat, not like getting the bottom line on the income statment wrong. Mind you it is fascinating isn't it :) |
Peer comment(s):
| neutral |
CristianaC
: I agree with you, however this is precisely what I think a third-party complaint is, i.e. you ask the court to bring another party into the existing procedure as defendant and is up to the court to decide - see my 1 link my answ. is prob. AE and yours BE?
20 hrs
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