champerty


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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.

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

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.
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"
References in periodicals archive ?
These jurisdictions were early adopters of the principle of TPF and were quick to move away from the prohibitions that they once had in place to prevent TPF (such as the doctrines of champerty and maintenance).
What the providers of litigation financing cannot do is violate the rule of champerty. Defined by Webster's, champerty is "a proceeding by which a person not a party in a suit bargains to aid in or carry on its prosecution or defense in consideration of a share of the matter in suit." The legal opinion is that the financing is permissible so long as the investor is not involved in the litigation.
Mike Adams of Parker Poe in Charlotte, who represented the party opposing the motion, said that it's perfectly fine for financers to lend money and take an assignment of proceeds, but if financers have control over the litigation, such agreements would run afoul of common law doctrines like champerty and maintenance that preclude third parties from inserting themselves into litigation.
They cover wide-ranging areas of law--from issues of establishing personal jurisdiction over a corporate defendant, (44) to a slip-and-fall tort claim against the State, (45) to a claim dismissed on the basis of the near-ancient doctrine of champerty. (46)
Paul Bond, Comment, Making Champerty Work: An Invitation to State
Litigation insurance is not generally available in Ireland because professional third party funding is not permitted in Ireland as it offends against the rules on maintenance and champerty. (40) "Before-the-event" (BTE) insurance is very uncommon in jurisdictions where, as a rule, costs follow the event and it is unheard of that anybody would take on "after-the-event" insurance.
FINANCIAL REGULATION--The Ancient Doctrine of Champerty and a First for the New York Court of Appeals--Justinian Capital SPC ex rel.
In addition to RICO, Feld also asserted claims under the Virginia Conspiracy Act and for common law abuse of process, malicious prosecution, maintenance, and champerty. Id.
These strangers to lawsuits, and their attorneys, would conduct their claims by "receiving, if successful, a part of the proceeds or subject sought to be recovered." (24) Parliament made this behavior criminal under the term "champerty," and it imposed penalties of three years' imprisonment and fines for these attorneys.