Champerty

Champerty, is a species of maintenance and therefore it is convenient to use the phrase 'Champertous maintenance', distinguishing it from simple maintenance, in which the element of champerty is not present, Trepca Mines Ltd. (in re:) (No. 2), [1963] Ch 199 (226).means every champerty is maintenance, Hickman v. Kent or Romney Marsh Sheep Breeders' Association (1920), as reported in 151 LT JO 5, (CA)....

champerty

champerty pl: -ties [Anglo-French champartie bargaining for a share of disputed property, from champart share of crops paid as rent, share of property in dispute, from champ field + part portion] : an unenforceable agreement by which a person with otherwise no interest in a lawsuit agrees to aid in or carry on its litigation in consideration of a share of the subject matter of the suit (as property or damages) compare maintenance ...

Champarty or champerty

Champarty or champerty [fr. Champ parti, Fr.; campi partitio, Lat., a division of the land], properly a bargain between a plaintiff or defendant in a suit and a third person, campum partire, to divide between them the land or other matter sued for in the event of the litigant being successful in the suit, whereupon the champertor is to carry on the party's suit or action at his own expense; or it is the purchasing the right of action or suit of another person; illegal by Common Law, and also by 3 Edw. 1, c. 25; 13 Edw. 1, st. , c. 9; and 32 Hen. 8, c. 9. It is an aggravated form of maintenance, See Hutley v. Hutley, (1873) LR 8 Q 112; Attorneys and Solicitors Act (in re:), 1870 (1875) 1 Ch D 573; Holden v. Thompson, 1907 (2) KB 489; Haseldine v. Hoskin, 1933 KB 822; and MAINTENANCE.The act or fact of maintaining, supporting or promoting another persons law suit, Black's Law Dictionary, 7th Edn....

champertous

champertous : of, relating to, or being a champerty [a agreement] ...

fee

fee [Middle English, fief, from Old French fé fief, ultimately from a Germanic word akin to Old High German fehu cattle] 1 : an inheritable freehold estate in real property ;esp : fee simple compare leasehold life estate at estate absolute fee : a fee granted with no restrictions or limitations on alienability : fee simple absolute at fee simple conditional fee : a fee that is subject to a condition: as a : fee simple conditional at fee simple b : fee simple on condition subsequent at fee simple defeasible fee : a fee that is subject to terminating or being terminated determinable fee : a defeasible fee that terminates automatically upon the occurrence of a specified event : fee simple determinable at fee simple fee patent : a fee simple absolute that is granted by a patent from the U.S. government ;also : a patent that grants a fee simple absolute [the land shall have the same status as though such fee patent had never been issued "U.S. Code"] NOTE: Allotm...

maintenance

maintenance 1 a : the act of providing basic and necessary support b : the state of having such support 2 : a financial means of providing necessary assistance: as a : alimony b : support 3 : the necessities of life provided for by payment of maintenance 4 : the upkeep of property or equipment 5 : unsought and unnecessary meddling in a lawsuit by assisting either party with means to carry it on compare champerty ...

Champertor

One guilty of champerty one who purchases a suit or the right of suing and carries it on at his own expense in order to obtain a share of the gain...

Champerty

Partnership in power equal share of authority...

Champart

Champart, field-rent; champerty....

Conditional fee agreements

Conditional fee agreements, are nowadays perhaps the most important species of champerty. Such agreements are still unlawful, R (Factorthame Ltd) v. Transport Secretary (No 8) (CA), (2003) LR 381 QB.Means an agreement in writing between a person providing advocacy or litigation services and his client which -- (a) does not relate to proceedings of a kind mentioned in sub-s. (10); (b) provides for that person's fees and expenses, or any part of then, to be payable only in specified circumstances; (c) complies with such requirements (if any) as may be prescribed by Lord Chancellor; and (d) is not a contentious business agreement, R (Factortame Ltd) v. Transport Secretary (No 8) (CA), (2002) 3 WLR 1104 (Courts and Legal Services Act, 1990, s. 58.)...

Champerty - Law Dictionary Search Results