Harney’s Ian Mann assesses the growing scope for litigation funders to back disputes in offshore jurisdictions
Litigation funding, where a fund finances a claimant’s litigation for a share of the spoils, has been approved, as an exception to the torts of maintenance and champerty, by various courts of the major centres of the common law world, including England (Arkin v Borchard Lines [2005] EWCA Civ 6550); Australia (Campbell’s Cash & Carry Pty Ltd v Fostif Pty Ltd [2006] HCA 41); and Hong Kong (Re Cyberworks Audio Video Technology Ltd [2010] 2 HKLRD 1137).
