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

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.

Citation: [2013] 2 JLR 22
Parties: Applicant: Barclays Wealth; Respondent: Equity Trust
Jurisdiction: Jersey
Judgment Date: 16 May 2013
Procedural Posture: Civil / Judgment
Outcome: claim allowed
Legal Topics: Illegal Contracts, Public Policy, Maintenance and Champerty, Assignment of Litigation

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

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Parties

Barclays Wealth

Applicant

Equity Trust

Respondent

Procedural Posture

Civil / Judgment

Legal Issues

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

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