Sentences with phrase «on champerty»
It's a bit of a lay person's equivalent of a ban on champerty, maintenance, or barratry.
http://www.slaw.ca/
Casting aside traditional prohibitions on champerty and maintenance, the United Kingdom has of late thrown open its doors to «litigation finance» enterprises that fund legal actions as an investment in exchange for a share of the proceeds.
Not exact matches
[18] To the extent the doctrine of champerty and maintenance remains relevant in Canadian common law, even as means of protecting the courts and vulnerable litigants against abuses, its purpose is not and was never intended to be achieved by conferring on the courts the discretion to inquire into and approve or disapprove of a plaintiff's funding arrangements as a condition precedent to instituting or pursuing litigation.
As an internet search on the phrase «litigation finance» will quickly show — or a glance at a tag on the subject at Overlawyered — third - party financing of lawsuits has become a booming and largely unregulated business in the United States and a few other nations, even as champerty remains unlawful in many other countries.
As you might expect, the article goes on to mention champerty -LRB-(http://en.wikipedia.org/wiki/Champerty)-RRB-, which, together with the other ancient wrongs of maintenance and... [more]
Since 1995 the litigation funding industry in Australia has enjoyed a statutory exception to the common law prohibition against maintenance and champerty to assist company administrators and liquidators to pursue debts on behalf of creditors of a company.
In its Commission on Ethics 20/20 White Paper in February 2012, the ABA opined that «shifts away from older legal doctrines such as champerty, and society's embracing of credit as a financial tool have paved the way for a litigation financing industry that appears poised to continue to grow...»
Although the Court discussed litigation funding, champerty and maintenance, this matter provided a twist on third party agreements.
Mr. Smith moved to have the action struck on the basis it was being funded by the Law Society and thus a product of champerty or maintenance.