Feb 17, 2005 14:23
19 yrs ago
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English term

a more updated term for PLAINTIFF (demandante)

English Law/Patents Law (general)
plaintiff is no longer used in modern documents. Does anyone know what the updated term is? Thanks a lot!

Discussion

Roxana Cortijo Feb 17, 2005:
I've changed the language pair into English-English

Responses

+4
11 mins
Selected

plaintiff

What's wrong with "plaintiff"? It was used yesterday in the European Court of Human Rights in the McLibel case (see link below).
Peer comment(s):

agree Roxana Cortijo
27 mins
agree mstkwasa : I cannot see anything wrong with it personally, but they have replaced it with "claimant" in England and Wales.
44 mins
agree Krisztina Lelik
1 hr
agree bigedsenior
2 hrs
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4 KudoZ points awarded for this answer. Comment: "Graded automatically based on peer agreement."
+1
12 mins

applicant and claimant

These terms are also used.
Peer comment(s):

agree Patrice : Yes, and also plaintiff...the terms depend on the standards for the style of cause for each jurisdiction and for the type of lawsuit
3 hrs
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+1
8 mins

complainant

but plaintiff is used in the US ..it depends on which court and in which state

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Note added at 15 mins (2005-02-17 14:39:11 GMT)
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I wonder where you got the idea that the term was old fashioned?
Peer comment(s):

agree jccantrell : Yes, this is true. Perhaps they were thinking Great Britain?
58 mins
funny I thought I answered this first..
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+1
13 mins

claimant

Here's a definition from a legal secretary's guide relating to England and Wales, it's useful as it has specimens of all kinds of documents:
Plaintiff Before the Civil Procedure Rules came into effect, the person who brought an action in civil court proceedings was called the plaintiff. Such a person is now known as the claimant.

The change is also reflected in the link.

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Note added at 19 mins (2005-02-17 14:42:57 GMT)
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They came into effect in 2003.
Peer comment(s):

agree mstkwasa : Yes, in England and Wales but not in N. Ireland... "Paragraphs 14, 16 and 17 replace the obsolete word "plaintiff" [...] with the modern term "claimant" now used in civil proceedings in England and Wales." (Patents Act 2004)
39 mins
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+3
1 hr

claimant (UK only)

In the UK the traditional term "plaintiff" was officially changed to "claimant" with the reform of Civil Procedure Rules in 1999 ("Lord Woolf's Reform"), which also changed lots of other civil proceeding terminology: a writ is now a "claim form;" pleadings are a "statement of case;" discovery is now "disclosure;" an in camera hearing is a "hearing in private;" an ex parte hearing is a "hearing without notice", etc., etc. More examples are provided in the article cited below on the "World Wide Words" webpage. However, the term "plaintiff" for "demandante" is still very much alive and kicking in the U.S., although in some non-contentious proceedings such as divorces the terms "petitioner" (for "demandante") and "respondent" (for "demandado") would be more appropriate.
Peer comment(s):

agree mstkwasa : Neat summary!
3 mins
Thanks
agree Clare C
15 mins
Thanks
agree roneill : Claimant is also used in civil cases in the US. I was one recently.
1 hr
Thanks, and hope you won your case!
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