Medieval law casts long shadow
Sir, – Further to “Third party cannot fund Esat Digifone case, court rules” (May 23rd), the archaic English common law crimes and torts of maintenance and champerty were abolished by the Westminster parliament in 1967. If they had survived, English courts would be likely to decide that they were incompatible with the fundamental right of access to justice and the rule of law protected by the European Convention on Human Rights and the Human Rights Act.
It is surprising and regrettable that long-repealed English laws should be interpreted by the Irish Supreme Court to obstruct access to justice in Ireland, in spite of the Constitution and the European Convention on Human Rights and the European Convention on Human Rights Act. – Yours, etc,
of Herne Hill, QC),