seek leave to

Discussion in 'English Only' started by MrRight, Sep 21, 2008.

  1. MrRight New Member

    Turkey Turkish
    This is the context: The unsuccessful appellants have indeed sought leave to the High Court.

    What is the meaning of the expression sought leave to in that sentence.
     
  2. Brioche

    Brioche Senior Member

    Adelaide
    Australia English
    In a legal situation, to seek leave = to ask the permission of the court.

    Your sentence looks incomplete. Did they seek leave to appeal to the High Court?
     
  3. MrRight New Member

    Turkey Turkish
    Thank you. I think I got the meaning. However, the sentence there is not incomplete. It is from an article about the decision of the court of appeal. For additional information here is some more of the text:
    The court observed, however, that the development in Europe of a separate database right, as well as the divergence of copyright law in the US and Canada, are issues that would be considered in any High Court appeal. The unsuccessful appellants have indeed sought leave to the High Court.

     
  4. kalamazoo Senior Member

    US, English
    This sounds strange to me. I wonder if it is a technical legal term. What country is the article itself from?
     
  5. MrRight New Member

    Turkey Turkish
    The article is from Australia.
     
  6. kalamazoo Senior Member

    US, English
    I googled "seek leave of the court." Although I only got through a few pages, all the examples were "seek leave of the court TO DO something" except for one that said "seek leave of the court before preparing something" which has the same general meeting. So basically every example I looked at was using this phrase to mean to seek permission to do something, not just to "seek leave" by itself.
     
  7. Brioche

    Brioche Senior Member

    Adelaide
    Australia English
    So it was about seeking leave to appeal. It's just that the writer did not want to repeat the word. It should be read as an ellipsis. "The unsuccessful appellants have indeed sought leave [to appeal] to the High Court"
     
    Last edited: Sep 21, 2008
  8. kalamazoo Senior Member

    US, English
    I would say that in that case it is poorly written.
     
  9. doublestar New Member

    German
    to seek leave to the court = this is technical term. It means in lawyer speak that the respective lawyer asks for permission to file a legal document, e.g. a brief or writ, after the hearing took place. And typically the lawyer would ask the judge (= seek leave to the court) during the hearing.
     

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