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 an [[Clavam Hominum Senum Pallidorum|inner cabal]] knows what is really going on. And that inner cabal sure ain’t talking.
+{{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]]”; which rather they were something else. For example it is important to those who sell [[credit default swap]]s that they should not count as [[insurance contract]]s, or that [[equity swap]]s aren’t considered to be [[stamp duty|stampable]] investments in [[shares]]. These fictions are perhaps loosely based on a true story, but dramatic imperatives oblige practitioners to adopt 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.
+“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.