Between Prohibition And Reform: Recent Developments In Irish Litigation Funding

Introduction

Third-party litigation funding remains largely unlawful in Ireland, primarily due to the enduring common law doctrines of maintenance and champerty. (Maintenance is the funding of litigation in which the funder has no interest. Champerty is the funding of litigation in exchange for a share of the proceeds of that litigation.) These doctrines prohibit third parties from funding litigation in which they have no legitimate interest, a stance that sets Ireland apart from many other common law jurisdictions. For example, in the UK third-party litigation funding has been well established for over a decade and is credited with playing a key role in many group and consumer claims.