A law from 1634 is why Europeans cannot sue Big Tech together
Europe gave itself the right to bring class actions against big companies five years ago. Ireland hosts the European headquarters of most large technology firms, and campaigners there have managed exactly one.
A law from 1634 explains why.
Ellen O’Regan set out the problem for Politico from Dublin. Irish law bars anyone from funding a case unless they take part in it directly or hold a legitimate interest.
Two medieval offences, still on the books
Two offences do the work: maintenance and champerty. Maintenance covers funding someone else’s lawsuit without a stake in it. Champerty describes the version where the funder takes a cut of the winnings.
Ireland inherited both from English law and wrote them into a statute in 1634. England abolished the offences in 1967. Irish courts have kept them.
Ireland is the only country in the European Union with the restriction. Its courts also decide plenty...
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