Tag Archive: Champerty

Of Babies and Bathwater in Kentucky

In a poorly reasoned decision arising from a set of unusual facts, a federal district court in Kentucky recently ruled that litigation funding contracts are void under Kentucky law.  This decision depends upon some profoundly misinformed ideas about how litigation…
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Beyond Champerty: Why Old Doctrines Aren’t Necessary to Regulate Third-Party Funding

As noted before in this blog, the common law doctrines of champerty and maintenance have long been used to prohibit third parties from financing the legal costs of one of the parties in a litigation matter.  In many situations, the…
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Canada’s Position on Third-Party Litigation Funding

Canadian courts have been reluctant to approve third-party litigation funding, which is partly due to its potentially negative implications. The doctrines of maintenance and champerty came into existence in the early 1300s in the English legal system when the royal…
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