In re Valetta Trust v [2012] 1 JLR 1 (25 November 2011)
- Citation
- [2012] 1 JLR 1
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Civil / Judgment
More details
- Posture
- Civil / Judgment
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
A third party funding agreement is not champertous and contrary to public policy if the plaintiffs retain control of the litigation and the arrangement merely facilitates access to justice.
Court disposition
agreement not champertous; not contrary to public policy
02
Material facts
Parties
Valetta Trust
PlaintiffUnknown (third party funder)
Defendant03
Procedural history
Posture
Civil / Judgment
04
Questions and positions
Legal issues
- 01
Whether a third party funding agreement for litigation is champertous and unenforceable as contrary to public policy
- 02
Whether such an agreement facilitates access to justice
Party arguments
- Applicant
- The agreement is not champertous as the plaintiffs retain control of the litigation and the funding arrangement merely facilitates access to justice.
- Respondent
- The agreement is champertous and unenforceable as it involves a third party funding litigation in return for a share of the proceeds, which is contrary to public policy.
05
Court’s reasoning
Legal principles
- 01
common law
Agreements for third parties to fund litigation in return for a share of the proceeds are champertous and unenforceable if they have a tendency to corrupt justice.
- 02
judgment
An agreement for a third party to pay plaintiffs' costs and any adverse costs orders, with plaintiffs retaining control of the litigation, is not champertous and facilitates access to justice.
06
Ratio, limits and disposition
Ratio decidendi
A third party funding agreement is not champertous and contrary to public policy if the plaintiffs retain control of the litigation and the arrangement merely facilitates access to justice.
Court disposition
agreement not champertous; not contrary to public policy
Source and reliance status
Official court record
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Court record
Judgment
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BAILII >> Databases >> Jersey Law Reports >> In re Valetta Trust v [2012] 1 JLR 1 (25 November 2011) URL: https://www.bailii.org/je/cases/JLR/2011/JLR121001.html Cite as: [2012] 1 JLR 1 [ New search ] [ Help ] In re Valetta Trust v 2012 (1) JLR 1 (25 November 2011) Contract-illegal contracts-agreements contrary to public policy-maintenance and champerty-agreement for third party to fund litigation in return for share of proceeds champertous and unenforceable as contrary to public policy if tendency to corrupt justice-agreement for third party to pay impecunious plaintiffs' costs and any adverse costs orders, with plaintiffs in control of litigation, not champertous but facilitates access to justice 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: 2012 (1) JLR 1 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/2011/JLR121001.html
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