Cases

Broxton v McClelland


Held

It would not be right to allow the maintainer's motives to infect what would otherwise be the Claimant's lawful purpose. The motive and intention of a litigant (save where malice is in issue) are irrelevant. The institution of proceedings due to an ulterior motive is not an abuse of process. So long as a litigant is lawfully entitled to accept a maintainer's funding the litigant will not be vulnerable to attack because of the maintainer's motivation.

Also