Barratry - Definition - Law Dictionary Home Dictionary Definition barratry

Definition :

Barratry, 1. Usually called 'common barratry,' the common moving of suits and quarrels in disturbance of the peace, either in courts or elsewhere.

The punishment is fine and imprisonment; 'and if the offender belonged to the profession of the law he was disabled from practising for the future, by 12 Geo. 1, c. 29, s. 4, which is unrepealed, though long obsolete.

2. In marine assurance, the commission of any fraud upon the owners or insurers of a ship by the master or crew, as deserting her, sinking her, or doing any act which may subject her to arrest, detention, loss, or forfeiture, etc. It is the practice in most countries to insure against barratry. Many foreign jurists hold that it comprehends every fault which the master and crew can commit, whether it arises from fraud, negligence, unskilfulness, or mere imprudence. But in this country it is ruled that no act of the master or crew shall be deemed barratry, unless it proceed from a criminal or fraudulent motive.-see Arnould, or Chalmers, or Marsden on Marine Insurance, also Scrutton on Charter-parties.

3. In Scotland, it is the crime of a judge who is induced, by bribery, to pronounce a judgment; and it is also applied to the simony of clergymen going abroad to purchase benefices from the see of Rome.

Vexatious incitement to litigation, esp. by soliciting potential legal clients; Black's Law Dictionary, 7th Edn.