Litigationey: Difference between revisions
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{{a|g|{{image|leagle beagle|jpg|Now, what is this “[[Aïessdiyé]]” of which you speak?}} }}{{dpn|/ˌlɪtɪˈɡeɪʃᵊni/<br> (Also [[suish]], [[squabblative]]|adj}}Of a commercial issue, important, basically straightforward, but thanks to the intervention of [[professional advisers]], rendered in language so opaque that no-one outside | {{a|g|{{image|leagle beagle|jpg|Now, what is this “[[Aïessdiyé]]” of which you speak?}} }}{{dpn|/ˌlɪtɪˈɡeɪʃᵊni/<br> (Also [[suish]], [[squabblative]]|adj}}Of a commercial issue, important, basically straightforward, but thanks to the intervention of [[professional advisers]], accreted over the ages and rendered in language so opaque that no-one outside the [[Clavam Hominum Senum Pallidorum|inner cabal]] knows what is really going on. And that inner cabal sure ain’t talking. | ||
“Litigationey” often describes commercial undertakings predicated on some kind of “[[plausible deniability]]” | “Litigationey” often describes commercial undertakings predicated on some kind of “[[plausible deniability]]” — contractual arrangements which rather wish they were, or looked like, ''something else''. | ||
For example, it is important to those who sell [[credit default swap]]s that they should not be mistaken for [[insurance contract]]s. Those who deal in [[equity swap]]s don’t with them to be considered [[stamp duty|stampable]] investments in [[shares]]. Those who truck in collateral like to take things subject to [[pledge]] but at the same time [[rehypothecation|give it away]]. | |||
These fictions are ''loosely'' based on true stories — they are well-''meant'' — but in their dramatic sweep they oblige practitioners to ''dissemble'' — to affect silly walks, use secret handshakes and invent elliptical ways of describing mundane things, all in the service of ''not uttering inconvenient realities''. Of course, the same circumlocution that placates a taxman can bamboozle a judge. | |||
These documents become [[squabblative]] because, while the [[legal eagle|practitioners]] who propagate them are well-drilled, fluent and strongly incentivised to maintain their theatre, those who come to regard them in the [[Litigation|litigation department]], at the [[King’s Counsel|bar]] and [[King’s Bench Division|on the bench]] are not. | These documents become [[squabblative]] because, while the [[legal eagle|practitioners]] who propagate them are well-drilled, fluent and strongly incentivised to maintain their theatre, those who come to regard them in the [[Litigation|litigation department]], at the [[King’s Counsel|bar]] and [[King’s Bench Division|on the bench]] are not. |