DePaul Law Review Volume 52 Issue 2 Winter 2002: Symposium - Export/ Import: American Civil Justice in a Global Article 3 Context Will the revolution in the Funding of Civil Litigation in England Eventually Lead to Contingency Fees? Michael Zander Follow this and additional works at: https://via.library.depaul.edu/law-review Recommended Citation Michael Zander, Will the revolution in the Funding of Civil Litigation in England Eventually Lead to Contingency Fees?, 52 DePaul L. Rev. 259 (2002) Available at: https://via.library.depaul.edu/law-review/vol52/iss2/3 This Article is brought to you for free and open access by the College of Law at Via Sapientiae. It has been accepted for inclusion in DePaul Law Review by an authorized editor of Via Sapientiae. For more information, please contact
[email protected]. WILL THE REVOLUTION IN THE FUNDING OF CIVIL LITIGATION IN ENGLAND EVENTUALLY LEAD TO CONTINGENCY FEES? Michael Zander* INTRODUCTION The English system for the funding of civil litigation is in the throes of a revolution. The system, which for centuries prohibited lawyers from taking any form of contingency fee in litigation,' has recently accepted that they can contract for payment of fees dependent on the outcome of the case.2 Will it go further and adopt American-style contingency fees calculated as a percentage of the damages? II. CHAMPERTY AND MAINTENANCE From the earliest of times, the English system prohibited mainte- nance (the funding or other support of another's litigation) and cham- perty (the taking of a share of the spoils of litigation). Both maintenance and champerty gave rise to criminal and tortious liabil- ity.