Maintenance and champerty Maintenance is the of giving assistance to or encouraging of another in taking legal action by a person who does not have an interest in the action or other motive sufficient to justify his involvement. At common law, barratry was committed by a person who moved, encouraged and maintained suits or quarrels. Barratry was an indictable offence at common law, which has […]
Perjury The Criminal Justice (Perjury and Related Offences) Act 2021 reformed the law of perjury and related offences. A person commits an offence referred to as perjury if he or she, in, or for the purpose of, a judicial or other proceeding, gives a statement material in the proceeding— while lawfully sworn as a witness or as an interpreter, on affidavit, or in a statement […]
Nature of Contempt Contempt of court is an act or omission which is calculated to interfere with the due administration of justice. Contempt of court covers a wide range of matters that interfere with the inherent power of courts in dealing with disputes and matters before them. Contempt arises where there is a real risk of prejudice to the administration of justice. The administration of […]
Escaping Lawful Custody It is an offence at common law to escape from lawful custody. This may apply both before a trial where a person is lawfully detained and after trial when a person is lawfully imprisoned. It is an offence for any law officer or other person engaged in the custody of prisoners to voluntarily or negligently allow the escape of the prisoner. The […]
Common law Crimes & Justice System The ancient common law crimes of barratry, maintenance and champerty seek to prevent persons without a direct interest in litigation from supporting it. It is assumed that this will increase the risk of unjustified litigation and create perverse incentives. Maintenance is an offence that consists of unlawful taking up of, upholding or assisting civil claims or quarrels of others […]