Lästigkeitsbetrag

09:22 Oct 5, 2015
German to English translations [PRO]
Law/Patents - Law (general) / Court settlement of proceedings - corporate civil
German term or phrase: Lästigkeitsbetrag
I understand the meaning of this term to be a fee payable in a court settlement when the case is lost but a fee is paid out by one party for "annoying" (literally) the other.

But is there a succinct translation for this - I can't find one yet in my legal dictionaries?

Thanks in advance for any pointers.
Anna Morvern
Ireland
Local time: 18:43


Summary of answers provided
4nuisance amount or nuisance value
Ellen Kraus
3penalty for frivolous litigation
Lancashireman
3Onerous Penalty
Helen Collette


Discussion entries: 2





  

Answers


19 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
nuisance amount or nuisance value


Explanation:
www.injuryclaimcoach.com/nuisance-value.html






"Nuisance value" is a term used by claims adjusters to describe an amount of compensation they're willing to pay to make a personal injury claim ...

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Note added at 2 час (2015-10-05 12:10:39 GMT)
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in reply to asker´s remark. The term is used in civil proceedings i.e. in cases of litigation in line with the following:
The nuisance-value settlement problem arises whenever a litigant can profitably initiate a meritless claim or defense and offer to settle it for less than it would cost the opposing litigant to have a court dismiss the claim or defense on a standard motion for merits review like summary judgment. The opposing litigant confronted with such a nuisance-value claim or defense rationally would agree to settle for any amount up to the cost of litigating to have it dismissed. These settlement payoffs skew litigation outcomes away from socially appropriate levels, undermining the deterrence and compensation objectives of civil liability. Yet current procedural rules are inadequate to foreclose nuisance-value strategies".
Isn´t this the case here ?


Ellen Kraus
Austria
Local time: 19:43
Does not meet criteria
Specializes in field
Native speaker of: Native in GermanGerman
PRO pts in category: 308
Notes to answerer
Asker: I'm familiar with this term but it doesn't quite fit in this context of corporate civil proceedings.

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12 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5
Onerous Penalty


Explanation:
Lästig means onerous in english - something that is disturbing but also when the gains are less than the cost (in real estate for example) there are onorous payments involved. I think in this case you mean onerous penalty such as demanded by the gay couple in KY for the treatment they got when they tried to get married.

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Note added at 5 hrs (2015-10-05 14:45:10 GMT)
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See the Vizard Case in Australia:
Parties to civil penalty proceedings ought to be aware that the court may, in appropriate circumstances, impose more onerous penalties than those which are recommended by the regulator.

Importantly, there are now moves to apply the obligations of directors and officers to employees of corporations and other individuals. Two papers released by the Corporations and Markets Advisory Committee (CAMAC) in May 2005 consider the extent to which corporate officers (excluding directors), employees and other individuals are subject to personal duties and liabilities under the CA and whether those classes of persons should be extended. In particular, the discussion paper entitled Corporate Duties Below Board Level gives consideration to some of the recommendations made by Justice Neville Owen in the HIH Royal Commission Final Report.


    Reference: http://www.pennlive.com/nation-world/2015/09/gay_couples_wan...
Helen Collette
Germany
Local time: 10:43
Meets criteria
Native speaker of: English
PRO pts in category: 2
Notes to answerer
Asker: Thanks Helen, "onerous" certainly sounds better than "annoyance" in this context. I ill look up the KY case to see if the context is similar to the case I'm working on - it's not the same type of case but aspects of the settlement arrangements may be - but sounds like a good fit; thanks.

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7 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5
penalty for frivolous litigation


Explanation:
penalty/sanction for frivolous litigation

... narrows it down a bit from 'punitive damages'

https://en.wikipedia.org/wiki/Frivolous_litigation

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Note added at 115 days (2016-01-28 10:37:50 GMT)
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Note added at 126 days (2016-02-08 21:37:23 GMT)
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Note added at 140 days (2016-02-22 18:24:37 GMT)
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Hello. Would you please close this one way or another?
Thanks

Lancashireman
United Kingdom
Local time: 18:43
Meets criteria
Native speaker of: Native in EnglishEnglish
PRO pts in category: 316
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