Jersey

Litigation funding has been endorsed by the Jersey Courts as a means of providing access to justice and various case-law has cleared the way for the greater use of litigation funding in this jurisdiction.

In the Harbour funded case of Valetta Trust [2012], the Royal Court of Jersey concluded that English law and Jersey law on maintenance and champerty are no different. It held that the funding agreement between the plaintiffs and Harbour Litigation Funding was valid and enforceable. The decision officially recognised that a funding agreement is in the interests of justice and is to be encouraged, provided that it is properly structured.

In the Harbour funded case of Barclays Wealth Trustees (Jersey) Limited v Equity Trust (Jersey) Limited and Equity Trust Services Limited [2014] the Court concluded that litigation funding was not champertous. Sir Michael Birt, the Bailiff and most senior judge in Jersey, stated on behalf of the Royal Court that “there is a strong public interest in persons being able to obtain funding to enable them to bring proceedings to vindicate their rights.”