Legal Definitions - campiparticeps

A campiparticeps is a person or entity involved in an agreement known as champerty. Champerty occurs when a third party, who is not directly involved in a lawsuit, agrees to finance the litigation costs (such as attorney fees, court costs, and expert witness fees) for one of the parties. In return, this third party expects to receive a share of any money or property recovered if the lawsuit is successful.

Historically, champerty was considered illegal in many jurisdictions because it was believed to encourage unnecessary lawsuits and interfere with the impartial administration of justice. While modern legal systems have varied approaches to champerty, the concept of a campiparticeps highlights the role of an external financier with a direct financial stake in the outcome of a legal dispute.

• Example 1: Investor Funding a Patent Dispute

  A small technology startup, "InnovateTech," believes a large competitor has infringed on its valuable patent. InnovateTech has a strong case but lacks the substantial financial resources required to pursue a lengthy and expensive patent infringement lawsuit. A specialized litigation finance firm, "LegalCapital Partners," offers to cover all of InnovateTech's legal fees, court costs, and expert witness expenses. In exchange, if InnovateTech wins the lawsuit and receives a settlement or damages, LegalCapital Partners will receive 35% of that recovery.

  In this scenario, LegalCapital Partners is the campiparticeps. They are not a party to the patent dispute itself but are financing the lawsuit with the expectation of a significant share of the proceeds if InnovateTech is successful. This arrangement exemplifies champerty.

• Example 2: Third-Party Funding for a Personal Injury Claim

  Sarah was severely injured in a car accident and has a strong personal injury claim against the at-fault driver. Due to her injuries, she is unable to work and is struggling to pay her medical bills and living expenses. A company specializing in litigation funding, "ClaimAdvance Solutions," offers to provide Sarah with an immediate cash advance to cover her expenses and also agrees to pay her attorney's fees and court costs as the case progresses. In return, ClaimAdvance Solutions will receive 40% of any settlement or judgment Sarah receives from her lawsuit.

  ClaimAdvance Solutions acts as the campiparticeps. They are a third party providing financial support for Sarah's lawsuit, with their compensation directly tied to a percentage of the successful outcome. This arrangement is a clear instance of champerty.

• Example 3: A Wealthy Individual Supporting an Environmental Lawsuit

  A local community group, "River Guardians," wants to sue a factory for alleged long-term pollution of a nearby river. The group has compelling evidence but its non-profit budget is insufficient to cover the extensive legal and scientific expert costs required for complex environmental litigation. A wealthy philanthropist, Mr. David Sterling, who is deeply committed to environmental causes, offers to pay for all of River Guardians' legal expenses, including expert witness fees and court filings. He stipulates that if the lawsuit results in a monetary settlement or damages awarded to River Guardians (e.g., for river cleanup and restoration funds), he will receive 20% of that amount to fund other environmental projects he supports.

  Mr. David Sterling is the campiparticeps. He is not the direct plaintiff in the environmental lawsuit but is providing financial backing for the litigation in exchange for a share of any monetary recovery. This arrangement demonstrates the concept of champerty.