Jersey Judgment

Barclays Wealth v Equity Trust [2013] 2 JLR 22 (16 May 2013)

Contract Law Illegal Contracts Public Policy Maintenance and Champerty Assignment of Litigation

Citation: [2013] 2 JLR 22
Status: Judgment
Jurisdiction: Jersey
Posture: Civil / Judgment

More details

Posture: Civil / Judgment

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Professional case brief

Research organized from the available case record

Source document

Holding and result

An agreement for a third party to fund litigation in return for a share of the proceeds is not prohibited by the Code of 1771, which only prohibits the assignment of matters in litigation.

Court disposition

claim allowed

Material facts

Parties

Barclays Wealth

Applicant

Equity Trust

Respondent

Procedural history

Posture

Civil / Judgment

Questions and positions

Legal issues

Whether the provision in the Code of 1771 prohibits third-party funding of litigation in return for a share of the proceeds.

Party arguments

Applicant: The agreement for a third party to fund litigation in return for a share of the proceeds is not prohibited by the Code of 1771.
Respondent: The Code of 1771 prohibits any contract concerning matters in litigation, including third-party funding agreements.

Court’s reasoning

Legal principles

01
Code of 1771

The provision in the Code of 1771 that 'personne ne pourra contracter pour choses ou matières en litige' prohibits the assignment of matters in litigation but does not prohibit third-party funding agreements for a share of proceeds.

Ratio, limits and disposition

Ratio decidendi

An agreement for a third party to fund litigation in return for a share of the proceeds is not prohibited by the Code of 1771, which only prohibits the assignment of matters in litigation.

Court disposition

claim allowed

Source and reliance status

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Judgment text

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Court record

Judgment

[2013] 2 JLR 22

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BAILII >> Databases >> Jersey Law Reports >> Barclays Wealth v Equity Trust [2013] 2 JLR 22 (16 May 2013) URL: https://www.bailii.org/je/cases/JLR/2013/JLR132022.html Cite as: [2013] 2 JLR 22 [ New search ] [ Help ] Barclays Wealth v Equity Trust 2013 (2) JLR 22 (16 May 2013) Contract-illegal contracts-agreements contrary to public policy-maintenance and champerty-provision in Code of 1771 that "personne ne pourra contracter pour choses ou matiÃ¨res en litige" prohibits assignment of matters in litigation-agreement for third party to fund litigation in return for share of proceeds not prohibited The document you wish to view is available to registered users or can be purchased as a PDF. To purchase this document in PDF format or alternatively to Register to purchase membership go to the Jersey Law website via this link: 2013 (2) JLR 22 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/2013/JLR132022.html

Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Code of 1771

Legislation

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