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Bermuda's legal system set to throw out confusing Latin lingo

ERROR RG P4 5.2.1999 Yesterday's editorial incorrectly stated that "Mareva'' was a Latin legal term. It is in fact derived from a 1975 case entitled Mareva Compania Naviera SA vs. International Bulk Carriers SA. We apologise for the error.

Bermuda could soon follow the British legal system's move last week to throw out Latin lingo which for years has left the public in the dark.

Bermuda Bar Association president Narinder Hargun said the step could also be on the cards here, but he said the Island would let the British act as "guinea pigs'' to identify problems the change-over might cause. In Britain the Lord Chancellor's Department published an 800-page document last week detailing how the legalese which has prolonged the stuffy perception of the civil courts for decades was to be swept away for good this year.

Already in Britain some solicitors are starting to panic over the significant changes which must be in place by April 26 -- leaving only 60 working days for legal eagles to come to grips with the new system.

On D-Day lawyers will have to replace old Latin and Mediaeval English terms such as "writ'' and "plaintiff'' with "claim forms'' and "claimant''.

Also in the trash bin will be Latin tags like ex parte, inter partes and in camera.

Instead terms such as "with notice'', "without notice'' and "in private'' will roll off the tongues of smooth-talking barristers and solicitors alike.

Even judges will get in on the act, granting their "permission'' rather than giving "leave''.

The 800-page document also orders other traditions be abandoned, replacing them with new procedures to give judges an active role in managing cases and dictating the pace of litigation.

But it is still unclear whether the local legal circle will consider such moves in the face of tradition.

Bermuda Bar Council president Mr. Hargun said the Island's legal community usually followed developments in the British system.

"We certainly consider them to see whether they should be introduced here in Bermuda,'' he said.

"There's been talk about these developments for some time. But we'll have to wait and see how they go in England with implementing them.

"We'll use them as guinea pigs for our own experience to see how it works out and if it's worth it.'' Anyone interested in the Lord Chancellor's Department rules who does not want to fork out $250 for the book can view the document online at the department's web site.