"Those who would give up Essential Liberty to purchase a little Temporary Safety, deserve neither Liberty nor Safety."-- Benjamin Franklin.

Tuesday, August 6, 2013

Champerty: An improvement in access to justice for the poor?

After reading the following article by Andy Ho, I believe that there is a place for champerty [legal dict.][Wikipedia] in Singapore... (I u'stand that this form of charging does not separate legal fees from damages sought: it is all just one lump sum and the lawyer takes cut of 1/3 of damages won) however, if this form of charging is used, then it must be clearly declared to the court before any hearing (along with the damages sought)- each side should also lay clear one's legal costs and the case proceed either by mutual agreement on legal costs (looser pays the bill)- or else get a government order that the case would be heard and the government determines the eventual award and if necessary-legal cost (fixed or by champerty to each party as the case may be).