Third party litigation funding in Ireland: time for change?

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Abstract

Third party litigation funding (TPLF), whereby a third party funds litigation brought by a claimant in return for a share of any monetary remedy obtained, has gained widespread acceptance in the common law world. Traditional objections, based upon the ancient principles of maintenance and champerty, are being swept away.  In light of that the current refusal of the Irish courts to embrace TPLF is looking increasingly unsustainable. Maintenance and champerty remain concerns to the extent that they may involve the corruption of public justice. But this, and other regulatory issues posed by TPLF, can be managed.  This article, by drawing upon the experienc eof other common law jurisdictions, indicates how Ireland can permit third party funders to support litigation without damaging the purity of civil justice.

Original languageEnglish
Pages (from-to)193-215
Number of pages23
JournalCivil Justice Quarterly
Volume37
Issue number2
Publication statusPublished - 27 Mar 2018

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