champerty

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Related to champertous: Champarty

cham·per·ty

 (chăm′pər-tē)
n. pl. cham·per·ties
A sharing in the proceeds of a lawsuit by an outside party who has funded or assisted in funding the litigation.

[Middle English champartie, from Old French champart, the lord's share of the tenant's crop, from Medieval Latin campars, campīpars : Latin campī, genitive of campus, field; see campus + Latin pars, part; see part.]

cham′per·tous (-təs) adj.
American Heritage® Dictionary of the English Language, Fifth Edition. Copyright © 2016 by Houghton Mifflin Harcourt Publishing Company. Published by Houghton Mifflin Harcourt Publishing Company. All rights reserved.

champerty

(ˈtʃæmpətɪ)
n, pl -ties
(Law) law (formerly) an illegal bargain between a party to litigation and an outsider whereby the latter agrees to pay for the action and thereby share in any proceeds recovered. See also maintenance
[C14: from Anglo-French champartie, from Old French champart share of produce, from champ field + part share (a feudal lord's)]
ˈchampertous adj
Collins English Dictionary – Complete and Unabridged, 12th Edition 2014 © HarperCollins Publishers 1991, 1994, 1998, 2000, 2003, 2006, 2007, 2009, 2011, 2014

cham•per•ty

(ˈtʃæm pər ti)

n.
a sharing in the proceeds of litigation in return for helping to prosecute or defend a case.
[1300–50; Middle English champartie <champart < Middle French: share of the produce (=champ field (see camp1) + part share, part)]
cham′per•tous, adj.
Random House Kernerman Webster's College Dictionary, © 2010 K Dictionaries Ltd. Copyright 2005, 1997, 1991 by Random House, Inc. All rights reserved.
ThesaurusAntonymsRelated WordsSynonymsLegend:
Noun1.champerty - an unethical agreement between an attorney and client that the attorney would sue and pay the costs of the client's suit in return for a portion of the damages awarded; "soliciting personal injury cases may constitute champerty"
actus reus, wrongful conduct, misconduct, wrongdoing - activity that transgresses moral or civil law; "he denied any wrongdoing"
law, jurisprudence - the collection of rules imposed by authority; "civilization presupposes respect for the law"; "the great problem for jurisprudence to allow freedom while enforcing order"
Based on WordNet 3.0, Farlex clipart collection. © 2003-2012 Princeton University, Farlex Inc.
References in periodicals archive ?
(183.) We also analyzed whether probate lending is champertous. See
(4) The Court ruled that the proper interpretation of the New York statute finds this transaction champertous, and that the appellant was not protected under the "safe harbor provision." (5)
In the early nineteenth century, several state courts pledged to adhere to the English Rule by voiding champertous contracts, which were defined by jurists of the period as the emerging practice of "parties not monied" to "stipulate for something out of what was recoverable" with attorneys in "what are called contingent fees." (29) However, beginning with New York in 1824, (30) the courts of eighteen states and, in 1898, the U.S.
at 1226 ("[W]e have little doubt that the agreement between Saladini and Righellis would be champertous were we to continue to recognize the offense.").
champertous transactions." (100) This public policy defense may be
against a lawsuit but merely a doctrine that makes champertous
Ontario courts have rejected the traditional view that third party funding arrangements are per se champertous or otherwise contrary to public policy.
In some jurisdictions, the distinctions between (a) transferring the value of the claim versus the claim itself and/or (b) transferring control over the claim versus the value of the claim differentiated between a void champertous transaction and a valid non-champertous transaction.
The low level of enforcement has been attributed to difficulties in financing wrongful-trading actions: liquidators, short on funds, are apparently reluctant to spend money on any but the strongest cases; secured creditors are not willing to finance cases because the law is clear that recoveries all go to benefit the unsecured creditors; finally, the cause of action cannot be assigned to an entrepreneurial lawyer as doing so would be "champertous" and thus illegal.
Other states have refused to recognize champerty as anything more than a defense by a party to enforcement of the allegedly champertous agreement, implicitly rejecting a broader tort remedy.
(173) At first instance, the funding agreement was found to be invalid as champertous. The Court of Appeal acknowledged a need for change in attitude toward litigation funders: