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ARTICLE · 11 FEBRUARY 2025

The Liberalisation Of Champerty? Not Quite.

Shepherd and Wedderburn
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A look at the court's application of the doctrine of Champerty in light of the recent case Tactus Holdings Limited (in admin) v Philip Mark Jordan.

United KingdomLitigation, Mediation & Arbitration
Ben Pilbrow
Ben Pilbrow
Megan McNicoll
Megan McNicoll
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A look at the court's application of the doctrine of Champerty in light of the recent case Tactus Holdings Limited (in admin) v Philip Mark Jordan.

In a rare decision on the law of champerty, the High Court has recently handed down judgment inTactus Holdings Limited (in admin) v Philip Mark Jordan,considering whether an attempt to assign a claim for breach of warranties by the contractual party to another party is contrary to public policy. 

The facts

Tactus Holdings Limited (“Tactus”) commenced proceedings for breach of warranty under a Share Purchase Agreement (SPA) against the sellers, under the SPA in March 2023, claiming approximately £18 million. The sellers (the “Defendants”) counterclaimed for moneys due under the SPA, claiming approximately £4.3 million.

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