JEB Recoveries LLP v Binstock

JEB Recoveries LLP v Binstock

The assignment by Mr Wilson to JEB Recoveries LLP included debts and was not a bare assignment of a cause of action. The arrangement did not constitute trafficking in litigation, nor did it undermine the integrity of the legal process or equality before the law. The claim, based on the assignment, does not offend public policy and is not champertous. The application to strike out the claim is dismissed.

Parties
Claimant/respondent: JEB Recoveries LLP; Defendant/applicant: Judah Eleazar Binstock
Jurisdiction
England and Wales
Judgment Date
21 April 2015
Procedural Posture
Civil / Application to Strike Out Claim as Abuse of Process
Outcome
application dismissed
Legal Topics
Assignment of Claims, Champerty, Maintenance, Public Policy, Security for Costs
Civil Procedure Contract Law Assignment of Claims Champerty Maintenance Public Policy Security for Costs

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Parties

JEB Recoveries LLP

Claimant/respondent

Judah Eleazar Binstock

Defendant/applicant

Procedural Posture

Civil / Application to Strike Out Claim as Abuse of Process

Legal Issues

  1. 1 Whether the assignment of Mr Wilson's claim to JEB Recoveries LLP is champertous and thus an abuse of process
  2. 2 Whether the claim should be struck out for offending public policy against maintenance and champerty

Ratio Decidendi

The assignment by Mr Wilson to JEB Recoveries LLP included debts and was not a bare assignment of a cause of action. The arrangement did not constitute trafficking in litigation, nor did it undermine the integrity of the legal process or equality before the law. The claim, based on the assignment, does not offend public policy and is not champertous. The application to strike out the claim is dismissed.

Court Disposition

application dismissed

Orders

  • Claim permitted to proceed, subject to possible striking out of aggravated damages claim.
  • Permission to appeal granted if requested.