Glossary entry (derived from question below)
Italian term or phrase:
chiamare in causa terzi a rilievo o a garanzia
English translation:
(as defendant/s: AmE implead) join in third parties for contributory relief or an indemnity (vs. guarantee)
Italian term
chiamare in causa terzi a rilievo o a garanzia
proporre domande riconvenzionali, integrare il contraddittorio, ***chiamare in causa terzi a rilievo o a garanzia***
cosa significa> a rilievo o a garanzia
4 | (as defendant/s) join in third parties for a contribution (relief) or an indemnity | Adrian MM. |
May 3, 2019 08:28: Adrian MM. Created KOG entry
May 3, 2019 08:29: Adrian MM. changed "Edited KOG entry" from "<a href="/profile/2688125">Adrian MM.'s</a> old entry - "chiamare in causa terzi a rilievo o a garanzia"" to ""(as defendant/s: AmE implead) join in third parties for contributory relief or an indemnity (vs. gurantee)""
Proposed translations
(as defendant/s) join in third parties for a contribution (relief) or an indemnity
Third-party notice and proceedings - in England & Wales civil procedure and since Lord Woolf's 1998 civil justice reforms - are now (IMO pointlessly and confusingly) known as a Part 20 claim
Third-party proceedings > A sues B as a *defendant* who blames - so joins into the action - C for a 'contribution' and an indemnity (not a guarantee).
If A is given judgment against B, the latter will turn to C for a contribution e.g. 1%-100% ('contributory relief' - rilevo) and indemnity of any damages and costs awarded against B. (C does not give A a *guarantee*. Diagrammatically;
A > B >< C (indemnifies B)
Contrast a plaintiff, (Scots) pursuer or (E&W) *claimant* adding one or more *co-defendant(s)* vs. third parties to the action. The co-defendants (Latin: inter se) as between themselves can, in the UK, bring 'contribution proceedings' against each other to cough up for any award the court makes against any of them.
A sues > B as defendant (a motorist), then finds C (a car owner without any insurance) is a confederate so adds (vs. joins) the latter as a co-defendant. Pictorially:
B >< C fight it out for a contribution to each other
PS the court may apportion liability anyway e.g. 60%-40% between the co-defendants who disagree with the percentages.
BTW, this is a trick UK law (Bar) finals civil-litigation (procedure) question that many candidates fall down on.
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Note added at 2 hrs (2019-04-28 16:55:30 GMT)
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NB the term of 'impleading' third parties in civil proceedings is US Eng. Impleader as a process is used albeit rarely in UK criminal prosecutions.
Apportioning liability: third party claims vs. notices to co-defendants
England & Wales: Part 20 claim This covers what were formerly known as third party proceedings, and counterclaims. Under the Civil Procedure Rules, a Part 20 claim means any claim other than a claim by a claimant against a defendant.
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