Commentary

16 Maintenance and champerty

CHOSES IN ACTION vol 7
| Commentary

16 Maintenance and champerty

| Commentary

16 Maintenance and champerty

A person is guilty of maintenance if he supports litigation in which he has no legitimate interest. Champerty is an aggravated form of maintenance and occurs where a person maintaining another’s litigation stipulates for a share of the proceeds of the action1. A distinction must be drawn between assignments of a property right which are in principle valid, and assignments of bare causes of action which are in principle invalid unless the assignee can show a sufficient interest in the right assigned2. Debts are a species of property and an assignment of a debt is not

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