For other uses, including other legal terms, see Barratry.
Barratry (/ˈbærətri/BARR-ə-tree, from Old Frenchbarat ("deceit, trickery")) is a legal term that, at common law, described a criminal offense committed by people who are overly officious in instigating or encouraging prosecution of groundless litigation,[1] or who bring repeated or persistent acts of litigation for the purposes of profit or harassment.[2]
Although it remains a crime in some jurisdictions, barratry has frequently been abolished as being anachronistic and obsolete.
If barratrous litigation is deemed to be for the purpose of silencing critics, it is known as a strategic lawsuit against public participation (SLAPP). Jurisdictions that otherwise have no barratry laws may have SLAPP laws.
Look up barratry in Wiktionary, the free dictionary.
In Australia, the term barratry is predominantly used in the first sense of a frivolous or harassing litigant. The concept has fallen into disuse in Australia.[3]
New South Walesedit
The offence of being a common barrator was abolished in New South Wales by Section 4A of the Maintenance, Champerty and Barratry Abolition Act 1993.
Victoriaedit
The offence of being a common barrator was abolished in Victoria by section 2 of the Abolition of Obsolete Offences Act 1969.
Being a common barrator was an offence under the common law of England. It was classified as a misdemeanor. It consisted of "persistently stirring up quarrels in the Courts or out of them". It is uncertain whether, in the ordinary way, persons charged with commission of the offence were dealt with by indictment.[4]
In 1966, the Law Commission recommended for the offence to be abolished.[5] It said that there had been no indictments for this offence for "many years" and that, as an indictable misdemeanor, it was "wholly obsolete".[4] Its recommendation was implemented by the Criminal Law Act 1967.
Scotlandedit
In Scots law, barratry referred to the crime committed by a judge who is induced by bribery to pronounce judgment.
California Penal Code Section 158: "Common barratry is the practice of exciting groundless judicial proceedings, and is punishable by imprisonment in the county jail not exceeding six months and by fine not exceeding one thousand dollars ($1,000)."
California Penal Code Section 159: "No person can be convicted of common barratry except upon proof that he has excited suits or proceedings at law in at least three instances, and with a corrupt or malicious intent to vex and annoy."
Revised Code of Washington 9.12.010: "Every person who brings on his or her own behalf, or instigates, incites, or encourages another to bring, any false suit at law or in equity in any court of this state, with intent thereby to distress or harass a defendant in the suit, or who serves or sends any paper or document purporting to be or resembling a judicial process, that is not in fact a judicial process, is guilty of a misdemeanor; and in case the person offending is an attorney, he or she may, in addition thereto be disbarred from practicing law within this state."[9]
Vermont Statutes Title 13, § 701: "A person who is a common barrator shall be fined not more than $50.00 and become bound with sufficient surety for his or her good behavior for not less than one year."
^Rhine, Wayne (1964). "Barratry - A Comparative Analysis of Recent Barratry Statutes". DePaul Law Review. 14 (1): 146.
^Syed, Ahmed (2017). "Access to Justice: Litigation Financing and the New Developments". International Academic Journal of Accounting and Financial Management. 4 (1): 89–99.
^Discussion Paper 36 (1994) - Barratry, Maintenance and Champerty. Law Reform Commission, New South Wales. Accessed August 12, 2009.
^ abThe Law Commission, Proposals to Abolish Certain Ancient Criminal Offences (Law Com 3), paragraph 2
^The Law Commission, Proposals to Abolish Certain Ancient Criminal Offences (Law Com 3), paragraphs 7 and 8
^People v. Sanford, 202 Cal. App. 3d Supp. 1 (1988); 18 Pa.C.S. 5109. [1]
barratry, common, other, uses, including, other, legal, terms, barratry, barratry, barr, tree, from, french, barat, deceit, trickery, legal, term, that, common, described, criminal, offense, committed, people, overly, officious, instigating, encouraging, prose. For other uses including other legal terms see Barratry Barratry ˈ b aer e t r i BARR e tree from Old French barat deceit trickery is a legal term that at common law described a criminal offense committed by people who are overly officious in instigating or encouraging prosecution of groundless litigation 1 or who bring repeated or persistent acts of litigation for the purposes of profit or harassment 2 Although it remains a crime in some jurisdictions barratry has frequently been abolished as being anachronistic and obsolete If barratrous litigation is deemed to be for the purpose of silencing critics it is known as a strategic lawsuit against public participation SLAPP Jurisdictions that otherwise have no barratry laws may have SLAPP laws Look up barratry in Wiktionary the free dictionary Contents 1 Barratry by country 1 1 Australia 1 1 1 New South Wales 1 1 2 Victoria 1 2 Canada 1 3 United Kingdom 1 3 1 England and Wales 1 3 1 1 History 1 3 2 Scotland 1 4 United States 2 See also 3 References 4 External linksBarratry by country editAustralia edit In Australia the term barratry is predominantly used in the first sense of a frivolous or harassing litigant The concept has fallen into disuse in Australia 3 New South Wales edit The offence of being a common barrator was abolished in New South Wales by Section 4A of the Maintenance Champerty and Barratry Abolition Act 1993 Victoria edit The offence of being a common barrator was abolished in Victoria by section 2 of the Abolition of Obsolete Offences Act 1969 Canada edit In Canada barratry alongside all common law offences except contempt of court and contempt of Parliament was abolished by the 1953 consolidation of the Criminal Code United Kingdom edit England and Wales edit In England and Wales the common law offence of being a common barrator was abolished by section 13 1 a of the Criminal Law Act 1967 History edit Being a common barrator was an offence under the common law of England It was classified as a misdemeanor It consisted of persistently stirring up quarrels in the Courts or out of them It is uncertain whether in the ordinary way persons charged with commission of the offence were dealt with by indictment 4 In 1966 the Law Commission recommended for the offence to be abolished 5 It said that there had been no indictments for this offence for many years and that as an indictable misdemeanor it was wholly obsolete 4 Its recommendation was implemented by the Criminal Law Act 1967 Scotland edit In Scots law barratry referred to the crime committed by a judge who is induced by bribery to pronounce judgment United States edit Several jurisdictions in the United States have declared barratry in the sense of a frivolous or harassing litigant to be a crime as part of their tort reform efforts For example in the U S states of California Oklahoma Pennsylvania Virginia and Washington barratry is a misdemeanor 6 7 In Texas barratry is a misdemeanor on the first conviction but a felony on subsequent convictions 8 California Penal Code Section 158 Common barratry is the practice of exciting groundless judicial proceedings and is punishable by imprisonment in the county jail not exceeding six months and by fine not exceeding one thousand dollars 1 000 California Penal Code Section 159 No person can be convicted of common barratry except upon proof that he has excited suits or proceedings at law in at least three instances and with a corrupt or malicious intent to vex and annoy Revised Code of Washington 9 12 010 Every person who brings on his or her own behalf or instigates incites or encourages another to bring any false suit at law or in equity in any court of this state with intent thereby to distress or harass a defendant in the suit or who serves or sends any paper or document purporting to be or resembling a judicial process that is not in fact a judicial process is guilty of a misdemeanor and in case the person offending is an attorney he or she may in addition thereto be disbarred from practicing law within this state 9 Virginia laws on barratry champerty and maintenance were overturned by the Supreme Court of the United States in NAACP v Button 371 U S 415 1963 Vermont Statutes Title 13 701 A person who is a common barrator shall be fined not more than 50 00 and become bound with sufficient surety for his or her good behavior for not less than one year See also editAbuse of process Ambulance chasing Bleak House Champerty Collegatary Forum shopping Frivolous or vexatious In terrorem Legal threat Legal advertising Malicious prosecution Vexatious litigation Isaac Wunder orderReferences edit Rhine Wayne 1964 Barratry A Comparative Analysis of Recent Barratry Statutes DePaul Law Review 14 1 146 Syed Ahmed 2017 Access to Justice Litigation Financing and the New Developments International Academic Journal of Accounting and Financial Management 4 1 89 99 Discussion Paper 36 1994 Barratry Maintenance and Champerty Law Reform Commission New South Wales Accessed August 12 2009 a b The Law Commission Proposals to Abolish Certain Ancient Criminal Offences Law Com 3 paragraph 2 The Law Commission Proposals to Abolish Certain Ancient Criminal Offences Law Com 3 paragraphs 7 and 8 People v Sanford 202 Cal App 3d Supp 1 1988 18 Pa C S 5109 1 Okla Stat tit 21 550 551 Texas Penal Code section 38 12 RCW 9 12 010 Barratry Revised Code of Washington Accessed 2012 3 3 External links edit nbsp Wikisource has the text of the 1911 Encyclopaedia Britannica article Barratry Retrieved from https en wikipedia org w index php title Barratry common law amp oldid 1219385469, wikipedia, wiki, book, books, library,
