Abolition of tort of maintenance (including champerty)
2 Abolition of tort of maintenance (including champerty)
The tort of maintenance (including champerty) is abolished.
This clause and clauses 5 and 6 of Schedule 3 to the Crimes Act 1900 do not affect any rule of law as to the cases in which a contract is to be treated as contrary to public policy or as otherwise illegal, whether the contract was made before or after the commencement of the Maintenance, Champerty and Barratry Abolition Act 1993.
This clause re-enacts (with minor modification) sections 4 and 6 of the Maintenance, Champerty and Barratry Abolition Act 1993 and is a transferred provision to which section 30A of the Interpretation Act 1987 applies.
Note.
The crime of maintenance (including champerty) is also abolished. See Schedule 3 to the Crimes Act 1900.
This Act’s bill:Explanatory memorandumSecond reading speech
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