Glossary entry

French term or phrase:

statuer en référé-cabinet

English translation:

giving a summary ruling in chambers

Added to glossary by B D Finch
Oct 14, 2009 03:38
14 yrs ago
3 viewers *
French term

statuer en référé-cabinet

French to English Law/Patents Law (general) judicial process
A preamble gives the details of a dispute, including an application for a ruling in a commercial tribunal:

"Par acte du [date], la société A a assigné devant le Président du Tribunal de commerce de [city] ***statuant en référé-cabinet***, l’ensemble de BCD, à l'effet de se faire transmettre la copie de l’ensemble des documents saisis par l'huissier le [date]."

I understand "statuer en référé" as a summary ruling of some kind, and I am guessing that "statuer en référé-cabinet" could be a summary ruling given "in camera", but I am having trouble finding instances of the expression and would appreciate confirmation.

Thanks!
Change log

Oct 15, 2009 14:41: B D Finch Created KOG entry

Votes to reclassify question as PRO/non-PRO:

Non-PRO (1): writeaway

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Proposed translations

4 hrs
Selected

trying the case in chambers

I admit to not being sure why "cabinet" is tagged on to the end, but I think that it is to indicate that what is important here is that it is in chambers rather than that it is summary.

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Note added at 4 hrs (2009-10-14 08:09:00 GMT)
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I've represented a UK local authority for hearings in chambers of stays of execution of eviction orders where the judgement was in chambers because this was the quickest and cheapest way of ratifying the agreement already reached with the occupier.

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Note added at 4 hrs (2009-10-14 08:15:55 GMT)
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Noting writeaway's point, probably better to use "sitting in chambers", rather than "trying the case".

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Note added at 5 hrs (2009-10-14 08:53:32 GMT)
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Dirty?

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Note added at 1 day11 hrs (2009-10-15 14:43:03 GMT) Post-grading
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Thanks Melissa, I've edited the gloss accordingly. Not sure about "Master" though, the ones I dealt with were all County Court judges.
Note from asker:
Your reference to "hearings" is probably most appropriate here, and I think it is also a case where they were seeking a "quick and dirty" decision.
Sorry - "quick and dirty" is just an expression, nothing sinister implied...
Yes, I'm not sure about the name given the judge either - I suspect that's something that would vary greatly. I just meant re: Tom that his actual wording was the one that expressed both a summary ruling and one in chambers, but it's something you suggested in your comments anyway.
Peer comment(s):

neutral writeaway : cabinet means chambers. no mystery. am not so sure it's 'try the case'.
10 mins
Yes, it does, but why the redundancy? Agree about "try" see my note above.
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3 KudoZ points awarded for this answer. Comment: ""Summary ruling in chambers" was the choice accepted by the client. While Tom's suggestion is closer in meaning, I found BD's comments and elaboration on the process of chambers' hearings most useful. Thanks to all."
-1
1 hr

Cabinet_Procedure_Rules

CABINET PROCEDURE RULES. Access to Meetings and documents ... d) A summary and the particulars of each urgent decision made under Rule 19. Key Decisions ...
www.herefordshire.gov.uk/.../App_1_-_Cabinet_Procedure_Rule... - [PDF] Cheltenham Borough Council Cabinet - 7th October 2008 Review of ... -
Peer comment(s):

disagree B D Finch : Totally wrong context. Your answer refers to a particular distortion of local democracy (fairly) recently introduced in the UK.
2 hrs
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4 hrs

...ruling in interlocutory proceedings (-in Legal Office),...

L'utilisation de "cabinet" est un pléonasme ici. Je ne le mettrais pas, puisque le juge qui statue en référé, se trouve toujours dans un établissement gouvernemental (le Tribunal de Commerce, le Conseil de Prud'hommes etc.).

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Note added at 5 hrs (2009-10-14 08:43:56 GMT)
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So, the right way would rather be : ...ruling in interlocutory proceedings (-in chamber),...
Peer comment(s):

neutral writeaway : is the bog standard translation, but cabinet means chambers. not legal office. /in chamberS.
4 mins
You're right, it would be "in chambers", thank you !
Something went wrong...
5 hrs

Rule in chambers

My suggestion.
Peer comment(s):

neutral writeaway : you are completely forgetting/ignoring the en référé. not a great idea imo
34 mins
en référé = in chambers according to termium. En cabinet means also in chambers (fuera de la sala del tribunal, in Spanish). So the French is repeating twice the same thing.
Something went wrong...
12 hrs

{sit as a Master in Chambers} adjudicating on expedited application

The President is sitting as what would be known in E&W - or maybe Oz - as a Master in Chmabers.
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