header-logo header-logo

Home Login E-newsletter About us

Island records

© Copyright LexisNexis 2025. All Rights Reserved.
16 May 2014 / Nigel Sanders
Issue: 7606 / Categories: Features , Profession
printer mail-detail
web_sanders

Nigel Sanders provides an offshore perspective of litigation funding
With access to justice a growing issue in many jurisdictions, this article provides a broad overview of the latest positions and trends in each of Jersey, Guernsey, the Cayman Islands and the British Virgin Islands (BVI) in relation to litigation funding.

 

Jersey

In Jersey, the Royal Court has recognised the principles that underlie recent changes and reforms in England regarding litigation cost. Against that backdrop, the court has held that third-party litigation funding is permissible, in appropriate circumstances. The Royal Court first confirmed in In re Valetta Trust [2012] (1) JLR 1 (a non-adversarial trustee application concerning the funding of a breach of trust claim) that Jersey law and English law on champerty are no different. It held that third party funding agreements are in principle enforceable as a matter of public policy as they enhance access to justice. Following Valetta in Barclays Wealth Trustees (Jersey) Limited as trustee of the R2R Bulgaria Property Fund & Others v Equity Trust (Jersey) Limited & Others [2013]

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Read All
Sponsored by
Muckle LLP—Rachael Chapman

Muckle LLP—Rachael Chapman

Sports, education and charities practice welcomes senior associate

Ellisons—Carla Jones

Ellisons—Carla Jones

Partner and head of commercial litigation joins in Chelmsford

Freeths—Louise Mahon

Freeths—Louise Mahon

Firm strengthens Glasgow corporate practice with partner hire

NEWS
Read All
Stress at work for corporate counsel
One in five in-house lawyers suffer ‘high’ or ‘severe’ work-related stress, according to a report by global legal body, the Association of Corporate Counsel (ACC)
Chancery Lane says no to LeO
The Legal Ombudsman’s (LeO’s) plea for a budget increase has been rejected by the Law Society and accepted only ‘with reluctance’ by conveyancers
Human rights concerns for patients, prisoners & immigration detainees
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Licensing fast-track for conveyancing & probate professionals
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Stress at work? Join the (employment tribunal claim) queue
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
Copyright © 2025 LexisNexis
back-to-top-scroll