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normoversoflesso
This question was closed without grading. Reason: Answer found elsewhere
Oct 20, 2023 22:19
7 mos ago
26 viewers *
Italian term

capo di condanna

Italian to English Law/Patents Law (general) Court case
L’appellante sostiene la necessaria conseguente riforma del capo di condanna alle spese e alla pubblicazione. La pubblicazione della sentenza risulta un mezzo idoneo a risarcire il danno e, attesa la violazione del diritto di autore, ne sono provati i presupposti per cui la doglianza sotto detto profilo è infondata.

???
TIA
Proposed translations (English)
4 head of award of costs; head of an order for costs
4 Count

Discussion

Paul O'Brien (asker) Oct 25, 2023:
answer I put in overturn the order to pay costs.
Simon Sobrero Oct 22, 2023:
Custom Hint Would it impoverish too much to simply say "amendment regarding costs..."?
Paul O'Brien (asker) Oct 21, 2023:
Yes I didn't get too bogged down in it. I said they asked the court to overturn the ruling of first instance.
philgoddard Oct 21, 2023:
Yes So are they just asking the court to overturn the order? Maybe "capo" just means item, ie one part of the judgment, and needn't be translated.
Paul O'Brien (asker) Oct 21, 2023:
@ Phil I think it "riformare" means to "overturn".
philgoddard Oct 21, 2023:
I associate "count" with criminal charges, not civil judgments.
We also have to work out what "riforma" means. I wonder if it's "rejection", as in the second definition here:
http://www.wordreference.com/iten/riforma
Maria Lisa Nitti Oct 21, 2023:
capo di condanna alle spese - Capo di imputazione - count
condanna alla spese - d'accordo con Phil, order to pay costs
philgoddard Oct 21, 2023:
Condanna alle spese is an order to pay costs.

Proposed translations

10 hrs

head of award of costs; head of an order for costs

The first discussion entry is half way there.

It's literally head, as in a head of claim, of an award or order and (legal incl.. court) costs rather than expenses. The phrase cannot really be contracted into a 'costs award head'.

Up to 60 years ago in the London High Court, litigants - notably the Petitoner or Respondent in divorce cases - had been 'condemned in the costs' (echoes of Norman French).

The term of assessment of costs is down to Lord Wolff's 1998 reform of England & (don't forget) Wales - almost pointlessly, civil-only rather than criminal - procedure that changed the misleading lingo of 'taxation of costs' that is still retained in Ireland (South/ Eire).

As an English QC / KC once quipped: 'I don't understand court costs. I just know I have to apply for them'.
Example sentence:

IATE: it condanna civile en order for payment of damages

IrE A taxing-master may in any case require the bill of costs to be stamped before taxation with the amount of fees which would be payable if the bill were allowed by him or her at the full amount thereof, incl. in cases under the Solicitors (Ireland) Act

Reference:

http://www.gabyhardwicke.co.uk/briefing-notes/costs-in-litigation/

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part-47-procedure-for-detailed-assessment/practice-direction-46-costs-special-c

Peer comment(s):
neutral philgoddard : Example sentences and references are supposed to include the term and explain what it means. Yours do neither.
4 hrs
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16 hrs

Count

The correct term for this in Anglo/US law is 'count' which can be translated in the Italian legal system is 'capo di imputazione', also referred to as 'capo di condanna' (perhaps in journalism etc). Counts make up the overall sentencing of the 'imputato' or 'suspect'.

The Common Law countries also use 'counts' in the sentencing in civil proceedings known as 'contestazione/addebito' in Italian legal systems.
Reference:

https://www.studiolegaletonon.it/articoli/che-differenza-ce-tra-capo-e-punto-della-sentenza/

http://www.ulianavalerio.it/glossario-diritto.asp

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