JULY 3 — Ever heard of champerty (cham-per-tee)? The word is from Anglo-Norman French champartie, from Old French champart (feudal lord’s share of produce), which in turn is...
, it is an agreement in which a person with no previous interest in a lawsuit finances it with a view to sharing the disputed property if the suit succeeds.defines it as an agreement between an officious intermeddler in a lawsuit and a litigant by which the intermeddler helps pursue the litigant’s claim as consideration for receiving part of any judgment proceeds.
Champerty offends public policy. It is a subspecies of maintenance which is defined in OED as “the action of wrongfully aiding and abetting litigation;The difference is simply this: maintenance is helping another prosecute a suit; champerty is maintaining a suit in return for a financial interest in the outcome.
It is said that TPLF “is very much a mainstay across the legal landscape in the UK, Australia and a number of other jurisdictions, especially in the context of arbitration, class actions and litigation arising from breaches of competition law.” ,Spain, France, Luxembourg and the Netherlands — jurisdictions where the Sulu heirs have foraged into — are not common law jurisdictions.
Even so, the common law public policy rationale regarding champerty has been said to have turned full circle. Five years ago, TPLF might still be little-known. It is not now, particularly in Europe and the US. That the Sulu heirs have a funder is of little surprise.
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