Glossary entry (derived from question below)
English term or phrase:
do recover as against
English answer:
the Applicant pays the costs
Added to glossary by
Yvonne Gallagher
Jul 19, 2021 21:19
2 yrs ago
27 viewers *
English term
do recover as against
English
Law/Patents
Law (general)
Hi!
It is the first time ever I came upon such a form used:
It is ordered that the Respondent DO RECOVER AS AGAINST the Applicant the costs...
Who is paying who? It is simply the first time ever I see a combination of DO RECOVER AS AGAINST used.
Deeply apologize in advance!
Thank you.
It is the first time ever I came upon such a form used:
It is ordered that the Respondent DO RECOVER AS AGAINST the Applicant the costs...
Who is paying who? It is simply the first time ever I see a combination of DO RECOVER AS AGAINST used.
Deeply apologize in advance!
Thank you.
Responses
| 5 +2 | the Applicant pays |
Yvonne Gallagher
|
| 4 +2 | The applicant shall pay the respondent |
Kiet Bach
|
Change log
Jul 19, 2021 21:19: changed "Kudoz queue" from "In queue" to "Public"
Jul 20, 2021 07:06: Karen Zaragoza changed "Vetting" from "Needs Vetting" to "Vet OK"
Jul 20, 2021 07:57: Natalie changed "Term asked" from "\"do recover as against\"???" to "do recover as against"
Aug 2, 2021 08:49: Yvonne Gallagher Created KOG entry
Responses
+2
11 hrs
Yvonne Gallagher
Ireland
Ireland
Native in English
&
English
Specializes in field
Ireland
right word, right place. everytime
Native in: English (Variants: US, Canadian, Irish, UK) 
Works in: French to English, Spanish to English, English, and 1 more.
Related KudoZ points
:
127
Selected
the Applicant pays
the Respondent will/shall (be entitled to) recover costs from the Applicant
"DO recover against..." is just (very) old-style legal English, mostly 19th century
Examples from the UK, US, Irl and Australia so was widespread
https://books.google.ie/books?id=GAg0AQAAMAAJ&pg=PT19&lpg=PT...
Philadelphia Times Newspaper Archives, Mar 30, 1886, p. 4https://newspaperarchive.com › ... › 1886 › March 30
... and that the said plaintiff do recover costs against the said defendant, to be taxed by the Prothonotarv under directions of the Court.
Crown Suits Act 1898 - Western Australian Legislationhttps://www.legislation.wa.gov.au › RedirectURL
PDF
it is adjudged by the Court here that the Crown do recover against the said the said sum of and also the sum of for costs (if any), and the further sum of.
Webb v. Ireland | [1987] IESC 2 | Supreme Court of Ireland ...https://www.casemine.com › ... › 1987 › December
... or in the alternative at the option of the plaintiffs an order that the plaintiffs do recover against the defendants ...
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Note added at 6 days (2021-07-26 13:37:04 GMT)
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and Asker has disappeared...
"DO recover against..." is just (very) old-style legal English, mostly 19th century
Examples from the UK, US, Irl and Australia so was widespread
https://books.google.ie/books?id=GAg0AQAAMAAJ&pg=PT19&lpg=PT...
Philadelphia Times Newspaper Archives, Mar 30, 1886, p. 4https://newspaperarchive.com › ... › 1886 › March 30
... and that the said plaintiff do recover costs against the said defendant, to be taxed by the Prothonotarv under directions of the Court.
Crown Suits Act 1898 - Western Australian Legislationhttps://www.legislation.wa.gov.au › RedirectURL
it is adjudged by the Court here that the Crown do recover against the said the said sum of and also the sum of for costs (if any), and the further sum of.
Webb v. Ireland | [1987] IESC 2 | Supreme Court of Ireland ...https://www.casemine.com › ... › 1987 › December
... or in the alternative at the option of the plaintiffs an order that the plaintiffs do recover against the defendants ...
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Note added at 6 days (2021-07-26 13:37:04 GMT)
--------------------------------------------------
and Asker has disappeared...
4 KudoZ points awarded for this answer.
Comment: "Selected automatically based on peer agreement."
+2
11 hrs
The applicant shall pay the respondent
Recover: to receive a money judgment in a lawsuit.
https://legal-dictionary.thefreedictionary.com/recover
Maybe it should be written as:
"It is ordered that the Respondent DO RECOVER FROM the Applicant the costs..."
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Note added at 19 hrs (2021-07-20 16:48:36 GMT)
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Example of "recover from" usage:
In states that follow the traditional joint and several liability rule, each tortfeasor is liable for all of the plaintiff's damages, regardless of his or her degree of fault. Generally, in states that do not follow the doctrine of joint and several liability, the plaintiff can only recover from any given defendant according to that defendant's percentage of fault.
https://www.justia.com/injury/negligence-theory/comparative-...
https://legal-dictionary.thefreedictionary.com/recover
Maybe it should be written as:
"It is ordered that the Respondent DO RECOVER FROM the Applicant the costs..."
--------------------------------------------------
Note added at 19 hrs (2021-07-20 16:48:36 GMT)
--------------------------------------------------
Example of "recover from" usage:
In states that follow the traditional joint and several liability rule, each tortfeasor is liable for all of the plaintiff's damages, regardless of his or her degree of fault. Generally, in states that do not follow the doctrine of joint and several liability, the plaintiff can only recover from any given defendant according to that defendant's percentage of fault.
https://www.justia.com/injury/negligence-theory/comparative-...
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