Definitions for Champertyˈtʃæm pər ti
This page provides all possible meanings and translations of the word Champerty
Random House Webster's College Dictionary
cham•per•tyˈtʃæm pər ti(n.)
a sharing in the proceeds of litigation in return for helping to prosecute or defend a case.
Origin of champerty:
1300–50; ME champartie <champart < MF: share of the produce (=champ field (see camp1) +part share, part )
investing money into an individualu2019s law suit.
partnership in power; equal share of authority
the prosecution or defense of a suit, whether by furnishing money or personal services, by one who has no legitimate concern therein, in consideration of an agreement that he shall receive, in the event of success, a share of the matter in suit; maintenance with the addition of an agreement to divide the thing in suit. See Maintenance
Champerty and maintenance
Champerty and maintenance are doctrines in common law jurisdictions, that aim to preclude frivolous litigation. "Maintenance" is the intermeddling of a disinterested party to encourage a lawsuit. It is "A taking in hand, a bearing up or upholding of quarrels or sides, to the disturbance of the common right." "Champerty" is the "maintenance" of a person in a lawsuit on condition that the subject matter of the action is to be shared with the maintainer. Among laypersons, this is known as "buying into someone else's lawsuit." In modern idiom maintenance is the support of litigation by a stranger without just cause. Champerty is an aggravated form of maintenance. The distinguishing feature of champerty is the support of litigation by a stranger in return for a share of the proceeds. — Lord Justice Steyn, Giles v Thompson At common law, maintenance and champerty were both crimes and torts, as was barratry, the bringing of vexatious litigation. This is generally no longer so as during the nineteenth century, the development of legal ethics tended to obviate the risks to the public, particularly after the scandal of the Swynfen will case. However, the principles are relevant to modern contingent fee agreements between a lawyer and a client and to the assignment by a plaintiff of his rights in a lawsuit to someone with no connection to the case. Champertous contracts can still, depending on jurisdiction, be void for public policy or attract liability for costs.
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