Try such glorious sentences as “in its claim form and its particulars of claim, the claimant claims”. It’s no surprise we all still say “pleading” even though that word doesn’t appear in the CPR.

 

Not to mention “particulars” has two meanings, in that one may have to give “particulars” of a certain matter (fraud, negligence) within a “particulars of claim”, which in some cases may not contain any “particulars” of the first kind at all.

 

 

 

As most laypeople pick up what legal English they have from US legal dramas on TV and film, the only people who use “claimant” and not “plaintiff” are lawyers familiar with the Woolf reforms. Thereby, somewhat ironically, creating a dissonance between legal usage and that of ordinary people. (And between the past and the present; and between this common law system and of others).

 

“The claimant claims” is also just uglier than “the plaintiff claims”.

 

However, looking at Lionel’s list, I think I’d probably just ditch “chose in action.”

 

See pp 5-7

 

https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4416200

 

 

 

Lionel

 

 

 

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This message was delivered through the Restitution Discussion Group, an international internet LISTSERV devoted to all aspects of the law of unjust enrichment. To subscribe, send "subscribe enrichment" in the body of a message to <listserv@lists.mcgill.ca>. To unsubscribe, send "signoff enrichment" to the same address. To make a posting to all group members, send to <enrichment@lists.mcgill.ca>. The list is run by Lionel Smith <lionel.smith@mcgill.ca>.