Litigation - Who Pays?

Funding of litigation by non-parties has been the subject of a recent High Court decision, which is now under appeal. Will the Supreme Court align Ireland with other common law jurisdictions and depart from the position that has been in place since the 1600s?

Maintenance and champerty have been, and remain, criminal and civil wrongs in Ireland.

Maintenance is the funding of litigation by a non-party who has no legitimate interest in the proceedings. Champerty, however, goes one step further and involves that non-party receiving a share in the proceeds of the litigation.

The prohibition on both maintenance and champerty is founded in the public interest. It seeks to ensure the integrity of the litigation process and exclude those with no legitimate interest from the process.