English Translation of an Ordonnance de référé in Medical Litigation

We recently translated from French into English an ordonnance de référé issued by the Tribunal de grande instance of Bourges in a dispute between a private individual and a company specializing in phytosanitary products for the agricultural sector.

⚖️ A dispute with high evidentiary stakes

In this case, the requérant sought a judicial expert examination (expertise judiciaire) to establish a causal link between a medical condition he suffered from and the alleged use of a chemical product manufactured by the defendant company.

However, the judge found that the requérant failed to provide sufficient material evidence (invoices, delivery notes, etc.) to prove exposure to the product in question, relying solely on family testimonies.

🧾 The juge des référés therefore considered that the action lacked a sufficient factual basis to justify the appointment of an expert, and that it was manifestly bound to fail. The requérant was dismissed from his claim.

📑 Legal translation and judicial style

Translating this type of decision requires perfect command of judicial style formulas specific to ordonnances de référé, as well as careful attention to the faithful rendering of legal reasoning — particularly in the sections par ces motifs and dire et juger, where the dispositive part of the decision is concentrated.

📌 Contextual translations from this project

• expertise judiciaire → expert witness report

• par ces motifs → on these grounds

• requérant → petitioner

• dire et juger → find and rule

• audience publique → public hearing

• référé → interim court / emergency proceedings

• dépens → court costs