Sentences with phrase «as champerty»

In its Commission on Ethics 20/20 White Paper in February 2012, the ABA opined that «shifts away from older legal doctrines such as champerty, and society's embracing of credit as a financial tool have paved the way for a litigation financing industry that appears poised to continue to grow...»

As an internet search on the phrase «litigation finance» will quickly show — or a glance at a tag on the subject at Overlawyered — third - party financing of lawsuits has become a booming and largely unregulated business in the United States and a few other nations, even as champerty remains unlawful in many other countries.

Not exact matches

[18] To the extent the doctrine of champerty and maintenance remains relevant in Canadian common law, even as means of protecting the courts and vulnerable litigants against abuses, its purpose is not and was never intended to be achieved by conferring on the courts the discretion to inquire into and approve or disapprove of a plaintiff's funding arrangements as a condition precedent to instituting or pursuing litigation.

Casting aside traditional prohibitions on champerty and maintenance, the United Kingdom has of late thrown open its doors to «litigation finance» enterprises that fund legal actions as an investment in exchange for a share of the proceeds.

As you might expect, the article goes on to mention champerty -LRB-(http://en.wikipedia.org/wiki/Champerty)-RRB-, which, together with the other ancient wrongs of maintenance and... [more]

The industry subsequently expanded to fund class actions and large single plaintiff actions as successive superior court judgments overturned common law principles against maintenance and champerty, imported from UK common law.

The FC rejected this argument and clarified that although the doctrine of champerty is relevant to the extent that the courts have power to render champertous agreements unenforceable, and thereby prohibiting the funder from getting a share of the proceeds after litigation, [18] it does not confer courts the discretion to approve or disapprove of funding arrangements as a pre-condition before litigation.

A search for «champerty» in Ontario's e-Laws Current Consolidated Law turns up only the Class Proceedings Act, 1992, s. 33, which, as noted, licenses contingency fees in class actions «despite the Solicitors Act and An Act Respecting Champerty, being chapter 327 of Revised Statutes of Ontario, 1897.»

To put it crudely — and as it refers to the conduct of lawyers — barratry is ambulance chasing, champerty is contingency fees, and maintenance is relatively rare.

The first statutory restrictions against maintenance and champerty were enacted in England in 1305, as a result of royal officials and nobles lending their names to dubious legal claims in exchange for a portion of any proceeds.