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16 May 2014 / Nigel Sanders
Issue: 7606 / Categories: Features , Profession
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Island records

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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] JRC094 (a claim against former trustees for breach of

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