The Modern Doctrines of Champerty and Maintenance

In 1967, England and Wales abolished champerty and maintenance as torts and crimes, but their impact was retained via a reservation provision. Champerty still has a significant modern impact, particularly in the funding of litigation and the assignments of causes of action.

Format: Hardback
Length: 320 pages
Publication date: 21 July 2023
Publisher: Oxford University Press

In England and Wales, champerty and maintenance, once considered obsolete and a relic of a bygone era, were abolished by statute in 1967. These practices, once used by wealthy and powerful noblemen to abuse the court system, were deemed unnecessary in a modern, sophisticated, and independent judiciary. The judiciary no longer required punishment or compensation for champerty or maintenance. However, a reservation provision was included in the statute to ensure that any contract tainted by champerty or maintenance would be treated as contrary to public policy or illegal.

While maintenance may have faded in popularity in English law over the past five decades, champerty continues to have a significant impact on the modern funding and civil procedure landscape. It particularly affects two areas: the funding of litigation and the assignments of causes of action. The Modern Doctrines of Champerty and Maintenance explores the attitudes towards champerty and maintenance in different jurisdictions, as well as the findings of law reform studies in England and other countries.

The historical background of champerty and maintenance is explored, including their origins in medieval England and their use by noblemen to gain an advantage in legal proceedings. The practice was eventually outlawed in the 17th century, but it continued to be used in various forms until its abolition in 1967.

The reasons behind the abolition of champerty and maintenance are discussed. One of the primary concerns was the abuse of the court system by wealthy individuals who used champerty to fund litigation without having a legitimate interest in the outcome. This practice could lead to biased judgments and undermine the integrity of the legal system.

Another reason for the abolition was the development of alternative funding mechanisms, such as legal aid and insurance, which made it less necessary for individuals to rely on champerty to finance legal proceedings. The increasing complexity of legal cases also made it more difficult for champerty to provide valuable assistance, as lawyers and judges needed to be able to assess the merits of a case independently.

Despite the abolition of champerty and maintenance, their impact on English law has persisted. The reservation provision ensures that any contract tainted by champerty or maintenance is treated as contrary to public policy or illegal. This has had a significant impact on the legal profession, as lawyers and clients must be aware of the potential consequences of engaging in champerty or maintenance.

The Modern Doctrines of Champerty and Maintenance also examines the attitudes towards champerty and maintenance in different jurisdictions. Some jurisdictions have continued to enforce the prohibition of champerty and maintenance, while others have relaxed their rules or allowed limited forms of champerty. The reasons for these differences in approach are explored, including cultural, historical, and legal factors.

The book also includes an analysis of law reform studies in the area of champerty and maintenance. These studies have examined the impact of champerty and maintenance on access to justice, the cost of legal proceedings, and the efficiency of the legal system. The findings of these studies have been used to inform law reform efforts in different jurisdictions

In conclusion, champerty.

Dimension: 234 x 156 (mm)
ISBN-13: 9780192898739