David Capper, ‘Access to justice and the assignment of rights to litigate’

“The purpose of this article is to consider the extent to which a party with a right to sue should be entitled to assign that right to another in exchange for payment of a sum calculated by reference to the estimated value and prospects for success of the right to claim. The social context in which this question may arise is access to justice and third-party litigation funding. The right of A to finance a claim for monetary relief by B against C in exchange for a portion of any damages B ultimately recovers is already well established in England and Wales and several other common law jurisdictions. Historic objections to the latter founded upon the ancient common law principles of maintenance and champerty are now much reduced in significance throughout most of the common law world, except for Ireland …”

€ (Westlaw)

David Capper, ‘Access to justice and the assignment of rights to litigate’ (2022) 41 Civil Justice Quarterly (3) 274-296.

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