Archives: Commercial

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Champerty – scope not extended

May 2022 | Commercial

The CA has declined to extend the scope of champerty. For those who need a reminder, the definition of champerty is: ‘An illegal bargain between a party to litigation and an outsider whereby the latter agrees to pay for the action and thereby share in any proceeds recovered’ (Collins English dictionary) The issue in this …

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Penal notice – sent by email

May 2022 | Commercial

An interesting HC case considered the appropriate sanction for breach of injunction in what it described as a ‘relentless’ target of the claimant. The proceedings leading to the injunction concerned a number of securitisations of loans and mortgages (sharing the name Business Mortgage Finance or BMF and described as ‘issuers’ in the case). In broad …

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