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Barrator

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

A criminal offence at common law whereby a person is a "mover, exciter or maintainer of auits and 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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Unless otherwise noted, this article was written by Lloyd Duhaime, Barrister, Solicitor, Attorney and Lawyer (and Notary Public!). It is not intended to be legal advice and you would be foolhardy to rely on it in respect to any specific situation you or an acquaintance may be facing. In addition, the law changes rapidly and sometimes with little notice so from time to time, an article may not be up to date. Therefore, this is merely legal information designed to educate the reader. If you have a real situation, this information will serve as a good springboard to get legal advice from a lawyer.

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