Following the relaxation of rules concerning champerty and maintenance (third-party litigation funding) in England and Wales and other jurisdictions, the recent case of Persona Digital Telephony Ltd v. The Minister for Public Enterprise has been used by the Irish Supreme Court to clarify the position in Ireland.

The Court confirmed that third-party litigation funding remains unlawful in the jurisdiction, and that any change in this position, whilst it may be appropriate, should be done through legislation rather than the Courts. As the Court noted, the legislative process will take some time and until this is complete, practitioners should be aware that any party bringing a claim in Ireland will need to be self-funded.