After-The-Event Insurance Passes Champerty And Maintenance Test

Introduction

Following an appeal to the Supreme Court, Greenclean Waste Management Limited v Leahy has come before the High Court for a second time. The High Court upheld the validity of an after-the-event insurance policy and expressly confirmed that after-the-event insurance does not fall foul of the tort of maintenance or champerty.

Unlike in many other common law jurisdictions, the torts of maintenance and champerty continue to exist in Ireland. Litigation funding is an issue that has recently come to the fore, putting the ancient laws of maintenance and champerty under the spotlight.

The High Court confirmed that the rules against maintenance and champerty remain applicable in an Irish context and after-the-event policies must comply with these rules in order to be valid and enforceable. However, the court found that the policy did not breach the common law principles of champerty or maintenance. The law of champerty must be interpreted in line with