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Court of Appeal dismisses appeal, and affirms High Court ruling that proceedings arising from an assignment of a claim were frivolous and vexatious and bound to fail, on the grounds that: 1) the right to bring the proceedings against the defendants was contrary to public policy, void and unenforceable as a matter of law; 2) there is no requirement on a party objecting to a transaction on the ground of champerty to establish any specific infringement or threat to public policy; 3) the plaintiff, rather than supporting the litigant, was purchasing the right to litigate; and 4) the High Court judge was correct in finding that the impugned transaction gave rise to the potential sale of the right to sue third parties, and the court did not have to find that there was an intention on the part of the assignee to engage in trading of litigation, whether professional or otherwise.
Practice and Procedure – maintenance – champerty – third party funding – assignment of claim – jurisdiction to strike out proceedings on the ground that they are frivolous or vexatious or that they are bound to fail – losses associated with financial projects operated by Mr. Bernard Madoff in the United States – Securities Investors Protection Act of 1970 – whether the assignment was contrary to public policy, void and unenforceable as being champertous in nature because it transferred a “bare right to litigate” and otherwise constituted “trafficking in litigation” – whether assignment involved “professional trading in litigation” – abuse of process – champerty is interference in another party’s litigation for a purpose not permitted by law – High Court judge was correct in her analysis of the law and its application to the facts of the case – appeal dismissed
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