De Crittenden v Bayliss [2001] EWCA Civ 916 (21 May 2001)

De Crittenden v Bayliss [2001] EWCA Civ 916 (21 May 2001)

Permission to appeal granted due to arguable points on whether the continuing agreement was champertous and whether laymen should be subject to similar restrictions as professionals regarding litigation funding agreements.

Citation
[2001] EWCA Civ 916
Parties
Claimant/respondent: Robin De Crittenden; Defendant/applicant: Charles Albert Bayliss
Jurisdiction
England and Wales
Judgment Date
21 May 2001
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal
Outcome
Permission to appeal granted
Legal Topics
Champerty, Litigation Funding, Professional Restrictions
Civil Procedure Contract Law Champerty Litigation Funding Professional Restrictions

Case Brief

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Parties

Robin De Crittenden

Claimant/respondent

Charles Albert Bayliss

Defendant/applicant

Procedural Posture

Civil Appeal / Renewed Application for Permission to Appeal

Legal Issues

  1. 1 Whether the agreement between the parties was champertous
  2. 2 Whether a layman can recover remuneration for litigation work normally performed by a solicitor

Ratio Decidendi

Permission to appeal granted due to arguable points on whether the continuing agreement was champertous and whether laymen should be subject to similar restrictions as professionals regarding litigation funding agreements.

Court Disposition

Permission to appeal granted

Orders

  • Leave to reconsider and re-serve grounds of appeal within 28 days
  • Legal aid taxation of applicant's costs