Barratry (common law)

Barratry (/ˈbærətri/ BARR-ə-tree, from Old French barat ("deceit, trickery")) is a legal term that, at common law, described a criminal offense committed by people who are overly officious in instigating or encouraging prosecution of groundless litigation,[1] or who bring repeated or persistent acts of litigation for the purposes of profit or harassment.

If barratrous litigation is deemed to be for the purpose of silencing critics, it is known as a strategic lawsuit against public participation (SLAPP).

[3] The offence of being a common barrator was abolished in New South Wales by Section 4A of the Maintenance, Champerty and Barratry Abolition Act 1993.

In Scots law, barratry referred to the crime committed by a judge who is induced by bribery to pronounce judgment.

Several jurisdictions in the United States have declared barratry (in the sense of a frivolous or harassing litigant) to be a crime as part of their tort reform efforts.