As torts and as crimes, champerty and maintenance were abolished by
statute in England and Wales in 1967. They were considered to be
obsolete and the product of a bygone age, when abuses of the court
system as practised by rich and powerful noblemen required a robust
legal response. A modern, sophisticated, and independent judiciary
rendered it unnecessary either to punish or to compensate for
champerty or maintenance any longer. However, post-1967, their impact
was retained via a 'reservation provision', which ensures that any
contract tainted by champerty or maintenance 'is to be treated as
contrary to public policy or otherwise illegal.' Fast forward five
decades to the present day, and whilst maintenance has arguably
reached its use-by date in English law, the same cannot be said of its
more aggressive cousin. Champerty, as a doctrine, retains considerable
modern impact in this jurisdiction, stalking the modern funding and
civil procedure landscape. It continues to have greatest impact in two
areas: the funding of litigation, and the assignments of causes of
action. The Modern Doctrines of Champerty and Maintenance looks
comparatively at jurisdictions' attitudes towards champerty and
maintenance, together with an analysis of law reform studies in the
area, both in England and elsewhere.
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Produktdetaljer
ISBN
9780192653932
Publisert
2023
Utgiver
Oxford University Press Academic UK
Språk
Product language
Engelsk
Format
Product format
Digital bok
Forfatter