Sanders v Templer ; Giles v Thompson ; Devlin v Baslington
| Jurisdiction | UK Non-devolved |
| Judge | Lord Keith of Kinkel,Lord Ackner,Lord Jauncey of Tullichettle,Lord Lowry,Lord Mustill |
| Judgment Date | 26 May 1993 |
| Judgment citation (vLex) | [1993] UKHL J0526-2 |
| Date | 26 May 1993 |
| Court | House of Lords |
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234 cases
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Stocznia Gdanska SA v Latreefers Inc.
...in litigation. The agreement was probably not champertous, but it was not necessary to decide that issue. (Giles v ThompsonELR[1994] 1 AC 142 applied; Faryab v SmithUNK(unreported, 28 August 1998, CA) considered.) 3. The funding agreement did not constitute a breach of the indemnity princip......
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Peter Farrar v David Miller
...with their duties to the court by the agreement, for instance, of so-called ‘contingency fees’ …” 34 Likewise, in Giles v Thomson [1994] 1 AC 142 at 163 Lord Mustill said: “In the most recent decades of the present century maintenance and champerty have become almost invisible in both their......
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Tharros Shipping Company Ltd v Bias Shipping Ltd (No. 3)
...of the other side. 23 We have dealt with the question of unlawful maintenance in our judgment in Murphy. On the test of Lord Mustill in Giles v. Thompson [1994] 1 A.C. 142 at p. 164 there can be no question of Club support constituting unlawful maintenance. Furthermore, Mr Rokison's argumen......
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Jack Scott Zeneida Scott Claimants v Wayne Robinson Catherine Tyson Defendants
...head, the Court noted that Mrs. Tyson provided no details of any actual inconvenience suffered by her. As was stated by Lord Mustill in Giles v Thompson [1994] AC 142, a claimant's loss is not self-proving. However some inconvenience would be assumed by the Court based on Mrs. Tyson's state......
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6 firm's commentaries
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The Role of the Doctrines of Champerty and Maintenance in Arbitration
...Cash and Parcel Conveyors Ltd v Lamson Store Service Co Ltd [1908] 1 K.B. 1006 at 1014, per Fletcher Moulton L.J. 5 Giles v Thompson [1994] 1 A.C. 142; [1993] 2 W.L.R. 908; [1993] 3 All E.R. 321 at 328, per Steyn 6 Criminal Law Act 1967 ss.13, 14. 7 Otech Pakistan Pvt Ltd v Clough Engineeri......
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What Future For Costs Negotiators?
...of conditional fees shows that this requirement of public policy is no longer absolute. The decision in Giles -v- Thomspon [1993] 3 All ER 321; [1994] 1 AC 142, makes it clear that, in any individual case, it is necessary to look at the agreement under attack in order to see whether it tend......
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Financing The Cost Of The Asset Recovery Process - Part 2
...History of Conspiracy (1921) C.H. 6. 15. Findon v. Parker (1843) 152 Eng. Rep. 976. 16. See Giles v. Thompson, Devlin v. Baslington, [1994] 1 A.C. 142 17. [1908] 1 K.B. 1006 at page 1014. 18. 16 O.R. (3d) 257(1993) (C.A.). 19. 18 B.C.L.R. 102 (B.C.S.C.) (1979). 20. 28 O.R. (3d) 523 (Gen. Di......
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The Growth of Commercial Litigation Funding
...in recent times, particularly in centres for commercial litigation like the United Kingdom. One House of Lords case, Giles v Thompson [1994] 1 AC 142, concerned car hire companies which loaned cars to victims of car accidents. In return the victims agreed to sue at fault drivers for the cos......
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10 books & journal articles
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The Trendtex Principle in Australian Law: Context and Recent Developments
...be applied.” These comments were endorsed by McClelland J in Smits v Roach [2002] NSWSC 241 [240]. 7In Giles v Thompson [1994] AC 142; [1993] 3 All ER 321, Steyn LJ similarly stated: “[i]n modern idiom, maintenance is the support of litigation without just cause. Champerty is an aggravated ......
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CONTRACTUAL ILLEGALITY AND CONFLICT OF LAWS
...contract is illegal. For maintenance, see the recent case of McFarlane v. E.E. Caledonia Ltd. (No. 2)[1995] 1 W.L.R. 366. 197 [1993] 2 W.L.R. 908. 198 Ibid., at 921. 199 See the Shaikh Faisal case [1995] 1 S.L.R. 394 at 413 and 414. 200 (1889) 42 Ch. D. 321 at 336. 201 See Ong & Co. Ltd. v.......
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Wrongful Trading: An Impotent Remedy?
...Laws of England', 4th edn, vol. 9, p. 272, para. 400, see also the House of Lords most recent judgment in this area in Giles v Thompson [1994] 1 AC 142. (59) See Hickman v Kent or Romney Marsh Sheepbreeders Assn (1920) 37 TLR 163. (60) See British Cash and Parcel Conveyors v Lamson Store Se......
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Litigation Funding, Assignment of Actions and Access to Justice: SPV Osus v HSBC [2018] IESC 44
...AC 679 (HL). 35 ibid 694–695 (Lord Wilberforce). 36 Brownton Limited v Edward Moore Inbucon Limited [1985] 3 All ER 499; Giles v hompson [1994] 1 AC 142; Stocznia Gdanska SA v Latreefers Inc [2000] All ER (D) 148. 37 Simpson v Norfolk and Norwich University Hospital NHS Trust [2012] QB 640.......
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