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Glossary entry

French term or phrase:

s'entendre d'une radiation

English translation:

tantamount to a (US) nolle prosequi/(UK) delisting = striking-off of the case

Added to glossary by Adrian MM. (X)
Feb 28, 2009 15:12
15 yrs ago
5 viewers *
French term

s'entendre d'une radiation

French to English Law/Patents Law (general) Pleadings
Madame X motive sa décision de ne plus poursuivre l'affaire par les pressions diverses qu'elle a subies, ce qui peut parfaitement s'entendre d'une radiation.

TIA
Proposed translations (English)
4 tantamount to a (US) nolle prosequi/(UK) delisting = striking-off of the case
4 equivalent to cancellation
3 (a/her dismissal) being likely to be analyzed as a (one of these) pressure measure(s)
Change log

Feb 28, 2009 21:44: Yolanda Broad changed "Level" from "Non-PRO" to "PRO"

Mar 9, 2009 07:53: Maria Constant (X) Created KOG entry

Mar 9, 2009 09:04: Adrian MM. (X) changed "Edited KOG entry" from "<a href="/profile/111686">Maria Constant (X)'s</a> old entry - "s'entendre d'une radiation"" to ""tantamount to a (US) nolle prosequi/(UK) delisting = striking-off of the case""

Discussion

Yolanda Broad Feb 28, 2009:
Reposted from Clarification request section Aude Sylvain: 11:55 Feb 28, 2009: except if I'm wrong the "radiation " of a case can only be decided by the Court, not by the plaintiff. The latter would *withdraw* his/her action (se désister / désistement)
Maria Constant (X) (asker) Feb 28, 2009:
As far as the employee is concerned she worked for a industrial maintenance company before being dismissed after having been accused of embezzlement. After Mrs X had submitted her case to the Conseil she sent them a letter explaining that because of the pressure she was enduring (from her former employers) she no longer wished to pursue the case before the court. The Conseil then "acté" this withdrawal in October 2008. She has appealed against this decision and I think that what her attorney is trying to say that although it would appear (s'entendre d'une radiation) that she was withdrawing from the case (désistement d'instance et action) she actually never had any intention of doing so - she was pressurized into doing so.
Aude Sylvain Feb 28, 2009:
... Her striking off (dismissal) can be analyzed as/constitutes one of the pressure measures to which she was being subjected.

Aude Sylvain Feb 28, 2009:
Thank you Maria, from your text are you certain that "radiation" = withdrawal of the case? and not radiation (of her) from her company/ the public agency she works(worked) for? Given the sentence this would be + logical IMO
Maria Constant (X) (asker) Feb 28, 2009:
There was indeed pressure from her former employers as they threatened her if she ever talked about their operations.
Maria Constant (X) (asker) Feb 28, 2009:
Sorry Aude for not giving much information. The context is Mrs X's withdrawal from proceedings before le Conseil des Prud'hommes. Indeed she disputes the fact that she withdrew as in a letter sent to the Conseil she merely stated that the did not wish to pursue the case because of the pressure to which she was being subjected. I think that what her attorney is trying to say is that although her letter did say that she no longer wanted to pursue the case (i.e. radiation = striking off), that was not her desire as her consent had been vitiated. The following paragraph reads:
Madame X n'a jamais eu la volonté de se désister ; bien plus son consentement est vicié, entraînant la nullité de ce désistement. Does this help?
Aude Sylvain Feb 28, 2009:
sens je comprends plutôt que le fait que Mme X ait été radiée (de la fonction publique, des effectifs de son entreprise... ) peut être analysé comme (équivaloir à) des actes de pression.
Radiée ici = licenciée, "rayée des listes (de fonctionnaires/de salariés)" - il ne s'agit pas à mon avis d'une "radiation" de l'action en justice
Aude Sylvain Feb 28, 2009:
do you have more context?

Proposed translations

9 hrs
Selected

tantamount to a (US) nolle prosequi/(UK) delisting = striking-off of the case

A nolle prosequi = do not proceed, in the US, can be entered in a civil case. In the UK, it can be entered e.g. by the Attorney-General only in a criminal case.

The duress on the complainant suggests her withdrawal from the case is tantamount to a delisting of the action.

I agree with Aude that is a striking off, but of the case, not of the employee from the payroll. It is not a striking-out of the action as that would suggest it was vexatious or frivolous in the first place.

Example sentence:

A nolle prosequi may be entered either in a criminal or a civil case. ... In civil cases, a nolle prosequi is considered, not to be of the nature of a ...

Reference:

http://www.lectlaw.com/def2/n061.htm

Something went wrong...
4 KudoZ points awarded for this answer. Comment: "Thanks Tom."
1 hr

equivalent to cancellation

Mme X's decision to not proceed with the case amounts to a cancellation.
Peer comment(s):
neutral Aude Sylvain : Je ne pense pas que ce soit le sens - voir la case "discussion"
4 mins
Something went wrong...
2 hrs

(a/her dismissal) being likely to be analyzed as a (one of these) pressure measure(s)

I am not sure of the translation into Eng, but this is the idea imo:
"a/her dismissal being likely to be analyzed as a (one of these) pressure measure(s)"
"her dismissal being likely to form part of such pressure / such pressure measures"

From your clarifications, my understanding would really be that the attorney is claiming that her client did not wish indeed to withdraw from the case, but that she did that only because she was pressurized into doing so. Her dismissal forms part of the pressure she's been enduring.

If "radiation" meant "radiation de l'affaire" here, the sentence in Fr would be different IMO. It would rather be something like "ce qui peut parfaitement justifier/expliquer sa (demande de) radiation / qu'elle ait demandé la radiation de l'affaire"



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