The Modern Doctrines of Champerty and Maintenance

Author: Rachael Mulheron
Publisher: Oxford University Press
ISBN: 9780192898739
Published In: July 2023
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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As torts and as crimes, champerty and maintenance were abolished by statute in England and Wales in 1967. They were considered to be obsolete and the product of a bygone age, when abuses of the court system as practised by rich and powerful noblemen required a robust legal response. A modern, sophisticated, and independent judiciary rendered it unnecessary either to punish or to compensate for champerty or maintenance any longer. However, post-1967, their impact was retained via a 'reservation provision', which ensures that any contract tainted by champerty or maintenance 'is to be treated as contrary to public policy or otherwise illegal.' Fast forward five decades to the present day, and whilst maintenance has arguably reached its use-by date in English law, the same cannot be said of its more aggressive cousin. Champerty, as a doctrine, retains considerable modern impact in this jurisdiction, stalking the modern funding and civil procedure landscape. It continues to have greatest impact in two areas: the funding of litigation, and the assignments of causes of action.

The Modern Doctrines of Champerty and Maintenance looks comparatively at jurisdictions' attitudes towards champerty and maintenance, together with an analysis of law reform studies in the area, both in England and elsewhere.

Part I: Setting the Context

1:Introducing Champerty and Maintenance

2:The Abolition, and Reservation, of Champerty and Maintenance in England

3:Champerty and Maintenance in Other Jurisdictions

Part II: Champertous Funding

4:The Modern Effects of Champerty and Maintenance on Funded Litigation

5:Non-Lawyers' Funding

6:Lawyers' Funding

Part III: Champertous Assignments

7:General Concepts: Assessing Champertous Assignments

8:Assigning Causes of Action Ancillary to Property Interests

9:Assigning 'Bare' Causes of Action: Proving a Genuine Commercial Interest