Glossary entry (derived from question below)
English term or phrase:
ex parte in judicial review/UK admin. law -> R. or AG (public-nuisance relator) v. public body AAA ex parte private citizen BBB
English answer:
Explanation: BBB v. AAA. The Crown or AG is the nominal prosecutor of the action that 'relates back' to BBB
Added to glossary by
KirstyMacC (X)
Aug 7, 2004 18:26
19 yrs ago
2 viewers *
English term
Gulshan
sentence
English
Law/Patents
Law (general)
Terms of Reference for the Inquiry
“In the light of the XXX judgement in the case of YYY v. Secretary of State for the Home Department ex parte ZZZ, to investigate and report to the Home Secretary on the death of KKK
I will be thankful if you could explain the meaning particularly from Home Department ex parte ZZZ.
Thank you.
“In the light of the XXX judgement in the case of YYY v. Secretary of State for the Home Department ex parte ZZZ, to investigate and report to the Home Secretary on the death of KKK
I will be thankful if you could explain the meaning particularly from Home Department ex parte ZZZ.
Thank you.
Responses
| 4 +4 | It means: ZZZ v. XXX Home Department (in UK ADMIN. LAW if YYY is R. = the Crown) |
KirstyMacC (X)
|
| 4 | expalnation |
Iolanta Vlaykova Paneva
|
| 1 +2 | here goes... |
Jonathan MacKerron
|
Responses
+4
2 hrs
Selected
It means: ZZZ v. XXX Home Department (in UK ADMIN. LAW if YYY is R. = the Crown)
Don't be fooled by the mix-up of parties.
See my ITA/ENG answer to contro-interessato of today->
'This is the way applications for JUDICIAL REVIEW are brought in UK admin law by a PRIVATE individual ZZZ against a PUBLIC body XXX: YYY = R. (Regina/the Crown) v. XXX (as nominal defendant) ex parte (on the application of) ZZZ - as the real complainant.
Two main reasons:
1. there is still some doubt about the public status of such private actions and the locus standi = standing of ZZZ (a surviving dependant of the late KKK?)in launching the action;
2. The *Crown* nominally brings the admin. action as in a crim. prosecution and on behalf of ZZZ 'in the public interest'.
Such cases are reported as COD = *CROWN OFFICE DEPT.*, part of the QBD/ Queen's Bench Division of the London High Court where such applications are launched.
Venables v. Hornby (HL). 2004. *R v. A Special Commissioner, ex parte Morgan Grenfell & Co Ltd* (HL). 2003. ... *R v. Hertfordshire CC, ex parte A* (CA). 2001. ...
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Note added at 2004-08-08 07:37:20 (GMT)
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cf relator actions - \'the real party in interest\'- in AE & BE when a US Fed. State or a US Fed./UK Attorney-General launches the action on behalf of a private citizen to which the application \'relates back\'.
See my ITA/ENG answer to contro-interessato of today->
'This is the way applications for JUDICIAL REVIEW are brought in UK admin law by a PRIVATE individual ZZZ against a PUBLIC body XXX: YYY = R. (Regina/the Crown) v. XXX (as nominal defendant) ex parte (on the application of) ZZZ - as the real complainant.
Two main reasons:
1. there is still some doubt about the public status of such private actions and the locus standi = standing of ZZZ (a surviving dependant of the late KKK?)in launching the action;
2. The *Crown* nominally brings the admin. action as in a crim. prosecution and on behalf of ZZZ 'in the public interest'.
Such cases are reported as COD = *CROWN OFFICE DEPT.*, part of the QBD/ Queen's Bench Division of the London High Court where such applications are launched.
Venables v. Hornby (HL). 2004. *R v. A Special Commissioner, ex parte Morgan Grenfell & Co Ltd* (HL). 2003. ... *R v. Hertfordshire CC, ex parte A* (CA). 2001. ...
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Note added at 2004-08-08 07:37:20 (GMT)
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cf relator actions - \'the real party in interest\'- in AE & BE when a US Fed. State or a US Fed./UK Attorney-General launches the action on behalf of a private citizen to which the application \'relates back\'.
Peer comment(s):
| agree |
DGK T-I
: eg: http://www.pfc.org.uk/legal/rg-pg.htm
1 hr
|
|
Thx. Marvellous ref - if, indeed, the Crown/R. is the nominal intervener/ prosecutor.
|
|
| agree |
Madeleine MacRae Klintebo
2 hrs
|
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Tack ska du ha!
|
|
| agree |
Jörgen Slet
14 hrs
|
|
Thx.
|
|
| agree |
Saleh Chowdhury, Ph.D.
15 hrs
|
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Thx.
|
4 KudoZ points awarded for this answer.
Comment: "Thank you"
14 mins
Iolanta Vlaykova Paneva
Canada
Canada
Works in field
Canada
Strive For Excellence
Native in: Bulgarian
Works in: English to Bulgarian, Bulgarian to English, French to Bulgarian, and 24 more.
expalnation
Ex parte is a Latin legal term meaning "from (by or for) one party" (pronounced "ekss par-TAY" or "ekss par-TEE")
An ex parte decision is one decided by a judge without requiring the plaintiff to be present. In U.S., and U.K. legal doctrine it means: "Legal proceeding brought by one person in the absence of and without representation or notification of other parties
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Note added at 14 mins (2004-08-07 18:41:31 GMT)
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typo-expalnation
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Note added at 15 mins (2004-08-07 18:41:49 GMT)
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explanation
sorry
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Note added at 19 mins (2004-08-07 18:46:06 GMT)
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vhttp://216.239.59.104/search?q=cache:CNpGOakAzxwJ:www.wordiq...
An ex parte decision is one decided by a judge without requiring the plaintiff to be present. In U.S., and U.K. legal doctrine it means: "Legal proceeding brought by one person in the absence of and without representation or notification of other parties
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Note added at 14 mins (2004-08-07 18:41:31 GMT)
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typo-expalnation
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Note added at 15 mins (2004-08-07 18:41:49 GMT)
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explanation
sorry
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Note added at 19 mins (2004-08-07 18:46:06 GMT)
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vhttp://216.239.59.104/search?q=cache:CNpGOakAzxwJ:www.wordiq...
+2
11 mins
Jonathan MacKerron
Native in English
&
English
Retired as of Jan 2019!
Native in: English
Works in: German to English, French to English
Related KudoZ points
:
24
here goes...
based on judgement XXX of the case of YYY against the Secretary of State for the Home Department on behalf of ZZZSec, which investigated and reported the death of KKK to the Home Secretary...
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Note added at 12 mins (2004-08-07 18:39:08 GMT)
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sorry, strike the Sec from ZZZSec
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Note added at 15 mins (2004-08-07 18:42:10 GMT)
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for ex parte Webster says
\"1 : on or from one side only used of such legal matters as injunctions, commissions, hearings, and testimony and ordinarily implying a hearing or examination in the presence of or on papers filed by one party and in the absence of and often without notice to the other party
2 : from a one-sided or partisan point of view (the bully proceeds at once by superior power to enforce his own ex parte notion of what is right Christian Century) (was discussed ex parte by vehement propagandists on both sides F.L.Allen)\"
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Note added at 23 mins (2004-08-07 18:50:22 GMT)
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perhaps \"ones-sidedly\" better describes ex parte
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Note added at 12 mins (2004-08-07 18:39:08 GMT)
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sorry, strike the Sec from ZZZSec
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Note added at 15 mins (2004-08-07 18:42:10 GMT)
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for ex parte Webster says
\"1 : on or from one side only used of such legal matters as injunctions, commissions, hearings, and testimony and ordinarily implying a hearing or examination in the presence of or on papers filed by one party and in the absence of and often without notice to the other party
2 : from a one-sided or partisan point of view (the bully proceeds at once by superior power to enforce his own ex parte notion of what is right Christian Century) (was discussed ex parte by vehement propagandists on both sides F.L.Allen)\"
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Note added at 23 mins (2004-08-07 18:50:22 GMT)
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perhaps \"ones-sidedly\" better describes ex parte
Discussion