Champerty

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CA Gyati Gupta

CA Gyati Gupta (Querist)
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11 April 2013 what are champerty contracts,can you please site the examples for good undrstanding?

srinivas reddy

srinivas reddy (Expert)
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12 April 2013 Champerty is the process of promoting or supporting a lawsuit filed by another person to obtain a share of the proceeds. A common example of this process occurs when an attorney enters into a contract with a plaintiff to carry out and pay the costs of litigation in exchange for a certain percentage of the recovery amount. In some U.S. states, champerty is illegal, with courts holding that contracts with the attorney compensation contingent on success are champertous. Some courts have even decided that champerty exists if someone who is not a party to the suit contractually claims any percentage of the award even if he does not pay for the suit. Similar to champerty, maintenance is the encouragement and support of another person's lawsuit for the personal gain of the intermeddler, but not for a share of the award.

C A S.S.Agarwal, M.Com.,LL.B,

C A S.S.Agarwal, M.Com.,LL.B, (Expert)
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28 June 2013 The expert is correct but for further addition read this

Definition of CHAMPERTY
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

Origin of CHAMPERTY
Middle English champartie, from Anglo-French, from champart share in litigious property, from champ field (from Latin campus) + part portion — more at part
First Known Use: 15th century

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