Glossary entry

French term or phrase:

Eu égard à

English translation:

Considering/ Given

Added to glossary by Saeed Najmi
Jan 18, 2021 14:07
3 yrs ago
64 viewers *
French term

Eu égard à

Non-PRO French to English Law/Patents Law (general) Family law
This is in the last paragraph of a legal decision on child support between 2 ex-spouses.
I can't quite get my head around the last sentence. Who is the subject of the last section "compense les frais..."?

Here is the whole section:

Prend acte qu’à dater du 1er octobre 2018, Madame ... assumera seule les frais extraordinaires relatifs à l’enfant commun.

Eu égard à la qualité des parties et à la nature de la cause, compense les frais et dépens de la
procédure.
Change log

Jan 23, 2021 13:56: Yvonne Gallagher changed "Level" from "PRO" to "Non-PRO"

Feb 2, 2021 19:40: Saeed Najmi Created KOG entry

Votes to reclassify question as PRO/non-PRO:

Non-PRO (3): TechLawDC, Angus Stewart, Yvonne Gallagher

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Discussion

Emmanuella Jan 19, 2021:
Prière de lire attentivement et de consulter un dictionnaire :
eu égard à
et non pas eu régard à
ni en égard à

Saeed Najmi Jan 18, 2021:
I have looked up but couldn't find ''en égard à''. There is ''à l'égard de'' and the target phrase.
AllegroTrans Jan 18, 2021:
"eu régard à" is standard Fr legalese Not a misspelling
TechLawDC Jan 18, 2021:
en égard à I don't remember seeing eu régard à. Probably a misspelling of en égard à.
Conor McAuley Jan 18, 2021:
Yes of course I'm used to translating that structure of ruling, "The Court...Holds that...Orders Mr X to pay..." etc., like "Prend acte" here, the Court or the Judge is doing that.
Emmanuella Jan 18, 2021:
https://www.cnrtl.fr/definition/compenser
cf. B - compense / repartit les dépens
AllegroTrans Jan 18, 2021:
Yes Effectively "le juge/tribunal compense...."
Kathleen Johnson Jan 18, 2021:
In this case "compense" refers back to the judge rendering the ruling and not the parties.
Annika Thornton (asker) Jan 18, 2021:
Both good points
The plot thickens...
I'll let you know what the answer is
Conor McAuley Jan 18, 2021:
Interesting point from Kathleen... ...but asking the client is always the best bet.

And if the two parties were paying, wouldn't it be "compensent" and not "compense"?
Kathleen Johnson Jan 18, 2021:
According to my legal dictionary, "compenser les frais/depens" means that the judge orders each party to bear its own costs.
Annika Thornton (asker) Jan 18, 2021:
Conor McAuley
It's an agreement between the two parties, though it was the wife who brought the claim...

I might just ask the client!
Conor McAuley Jan 18, 2021:
Could be just... ...unconscious male bias.

As for the wording itself, I would put, "In light of...".

HTH.
Conor McAuley Jan 18, 2021:
Heading Is there any heading above this section of the decision?

Without the whole context, I would assume that the ex-husband (assuming that the couple was a husband and wife couple) brought this action and won, thus the ex-wife pays costs.

The losing party pays costs, I would assume.
Emmanuella Jan 18, 2021:
Annika Thornton (asker) Jan 18, 2021:
It's the whole sentence I'm having trouble with really.
I feel like I'm missing something!

Eu égard à la qualité des parties et à la nature de la cause, compense les frais et dépens de la procédure.

Kathleen Johnson Jan 18, 2021:
In view of / considering

Proposed translations

+6
1 hr
Selected

Considering/ Given

Considering the...
Example sentence:

Considering/Given the / In view of / With regard to / Considering

Peer comment(s):

agree Saro Nova
1 hr
Thanks
agree Eliza Hall
1 hr
Thanks
agree Lara Barnett
23 hrs
Thanks Lara
agree Daryo : in the sense of "taking into account that ..."
2 days 7 mins
Thanks
agree Rocsana Guignaudeau : "Eu égard" is "Compte tenu"
2 days 3 hrs
Thanks
agree katsy
5 days
Thanks
Something went wrong...
4 KudoZ points awarded for this answer. Comment: "Selected automatically based on peer agreement."
1 hr

Regarding/As to

My take
Peer comment(s):

neutral writeaway : convincing refs
20 mins
I have been speaking both French and English for a long time
agree Lara Barnett : RegardING at the beginning of a sentence is a bit conversational in register, so is not the best term for this context..
1 day 8 hrs
disagree Daryo : That would deform the meaning of the whole sentence. It's too much of "not quite right"
2 days 21 mins
Something went wrong...
+1
19 hrs

In light of

If you want to legalese it a bit, then "Having regard to...".

Peer comment(s):

agree Lara Barnett
5 hrs
Thanks Lara!
Something went wrong...
20 hrs

with regard to

The point is this.
Something went wrong...

Reference comments

18 mins
Reference:

In view of

Or any similar expression.
The subject is the court, which should be mentioned somewhere before this.
http://www.proz.com/kudoz/french-to-english/general-conversa...

--------------------------------------------------
Note added at 3 hrs (2021-01-18 17:20:52 GMT)
--------------------------------------------------

Sorry, I should also have explained "compense", which I think is what this question is really about. As Kathleen points out in the discussion box, it means "orders each party to pay its own costs".
Note from asker:
Ahh you think the subject is the court? I thought it might be the plaintiff (who is the subject of the previous sentence)
Peer comments on this reference comment:

agree AllegroTrans : Or "given" or "having regard to"
13 mins
Yes, there are all sorts of ways to say it. Thanks.
agree writeaway : https://www.proz.com/kudoz/french-to-english/law-contracts/1... even more reliable
1 hr
agree Yvonne Gallagher
4 days
Something went wrong...
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