Courts / Ireland / Report
Third party funding law hails from time when "witches were burned at the stake", High Court hears
Summary
In a High Court hearing on 18 November 2015, Justice Aileen Donnelly considered an application for approval of a third‑party funding agreement in a claim against Denis O'Brien, Michael Lowry and the Irish State. The claim alleges that Esat Digifone, O'Brien's consortium, won the 1996 mobile‑phone licence competition by bribing Minister Michael Lowry, a claim denied by O'Brien. The funding comes from the British company Persona Digital Telephony, which is financed by Harbour Litigation Funding. The case is the first time the issue of third‑party funding has been brought directly before Irish courts. The parties argue that the champerty law, dating from the 1600s, is outdated and that the Constitution guarantees access to the courts. Mr Collins, acting for Persona, urged the court to reinterpret champerty under contemporary public policy, while the State has criticised the funding arrangement. The matter was scheduled to continue the following day.
Who, what, where, when and why
What: Report matter: Third party funding law hails from time when "witches were burned at the stake", High Court hears. Procedural stage: hearing_or_decision
When:
- 2015-11-18 Publication
Places mentioned
- High Court
Topics
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