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[Pre-Draft] - Barratry, Champerty and Vexatious Litigation

Simone

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The World Assembly (WA),

Noting previous resolutions to enhance judicial due process, such as GARs 201, 466, 513;

Desiring a prohibition of champerty and maintenance in order to democratize the judicial process;

  1. Defines:
    1. Body to mean any legislative or judicial body of a WA state;
    2. Maintenance to specifically mean manutenentia in champerty, to the hindrance of common rights;
  2. Requires, subject to extant WA resolutions:
    1. No WA state shall deem the following a criminal offence:
      1. Acting as a common barrator; or
      2. Champerty (including maintenance thereof);
    2. No WA shall deem the aforesaid to be a liability in tort unless the judicial body of a WA state finds conclusively that the litigant hinders:
      1. Free speech; or
      2. Common rights; or
      3. Otherwise contrary to the public interest; or
      4. Otherwise illegal in the laws of that WA state;
  3. Clarifies that this resolution does not prohibit a court in a WA state from:
    1. Deeming a litigant vexatious in tort;
    2. Prejudice against the aforesaid litigant in awards on costs and damages.
 
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