Persona Digital at the ISC. Third party funding found unacceptable in Ireland.

A short post on [2017] IESC 27 Persona Digital Telephony Ltd v. The Minister for Public Enterprise, Ireland and the Attorney Generalfor Monckton have full analysis here. The Supreme Court found that the funding agreement was champertous and did not fall within any exceptions arising in precedent case-law. It refused to develop the common law on these principles for instance to bring it into line with modern ideas on access to justice, stating that on such an important issue, Parliament should intervene. It also expressed regret at one of the main reasons behind accepting third party funding: namely that highly relevant litigation now would not go ahead due to a lack of funding.

Time, time, time: access to justice and third party funding is an excellent topic for research, anyone who does have a moment, do run with the idea.

Geert.

 

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