Anthony Sebok, ‘Going Bare in the Law of Assignments: When is an Assignment Champertous?’

INTRODUCTION
Dr David Capper’s paper on ‘The Assignment of a Bare Right to Litigate’ is a response to the Irish treatment of champerty and maintenance. It is judicious in its treatment of recent Irish and other common law precedent, and the conclusion it draws is a cautious one. Capper appears to sympathize with the concerns raised by courts in the United Kingdom, and elsewhere in the Commonwealth, but prefers the balance struck by the English Court of Appeal in Simpson v Norfolk and Norwich University Hospital NHS Trust and finds fault in the Irish Supreme Court’s decision in SPV Osus Ltd v HSBC Institutional Trust Services (Ireland). In this short paper, I will attempt to draw some parallels between the treatment of champerty and maintenance in the United States and the Commonwealth courts and use various American approaches to illustrate the limitations of the approach endorsed by Capper …

Anthony Sebok, Going Bare in the Law of Assignments: When is an Assignment Champertous?, 14 FIU Law Review 85 (2020).

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