Dealing in Rights to Litigate

Abstract This chapter examines the doctrines of champerty and maintenance in English law, focusing on their historical evolution and impact on dealings with rights to litigate. Traditionally, these doctrines prohibited the assignment of causes of action to parties with no legitimate interest in the case. Over time, however, English law has evolved, allowing such assignments under specific conditions, especially when a genuine commercial interest is involved. The chapter also explores collective proceedings, including group litigation orders, and their interaction with these doctrines. It considers modern funding models and legal professional arrangements, specifically conditional fee agreements, and their role in circumventing traditional restrictions. Finally, the chapter highlights the evolving nature of these doctrines, which continue to shape litigation in England.