Duhaime's Law Dictionary


Barrator Definition:

A person who, on more than one occasion, incites litigation or spreads false rumours.

Related Terms: Champerty, Maintenance

A criminal offence at common law whereby a person is a:

"... mover, exciter or maintainer of ... quarrels in courts of record, or other courts, or in the country, by taking and keeping possession of lands in controversy, by all kinds of disturbances of the peace, or by spreading false rumours and calumnies whereby discord and disquiet may grow among neighbours."

Also spelled barretry.

Has a particular meaning in maritime law and refers therein to some covert act on the part of a ship crew to usurp to their own benefit something that rightfully ought to accrue to the ship owner.

References:

  • Russell on Crimes, 1826.
  • NSW Discussion Paper 36 (1994) - Barratry, Maintenance and Champerty
  • Marcotte, P. “Barratry Indictments” (July 1990) 76 ABA Journal 21

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