header-logo header-logo

22 April 2020 / Thomas Wingfield
Issue: 7883 / Categories: Features , Procedure & practice , Commercial , Costs
printer mail-detail

A busted cap, third party funders & defence costs, where next?

Does the recent affirmation that commercial litigation funders could face unlimited costs liability mark the effective end of the Arkin cap? Thomas Wingfield reports
  • The ‘Arkin cap’ limits a third-party funder’s liability to pay a successful defendant’s costs to the sum that the fund paid to its unsuccessful claimant.
  • The Court of Appeal recently confirmed an order for a third-party funder to pay all of the defendants’ costs. The court refused to apply the Arkin cap, which may now become the exception and not the norm.

At the risk of teaching my grandmother to suck eggs: commercial third-party funding is when an entity finances a claim in return for a share of any money recovered. Some funders prefer the term ‘legal finance’. It has long been legal, encouraged even, here in England for an unconnected business to fund another’s litigation or arbitration in the hope of profit, provided that the third-party does not meddle in the claimant’s conduct

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Browne Jacobson—Caroline Barker & Tom Walker

Browne Jacobson—Caroline Barker & Tom Walker

Browne Jacobson recruits regulatory experts Caroline Barker and Tom Walker to bolster health, government and corporates practices

Jackson Lees Group—Paul Harrison, Helen Innes & Sorcha McMullan

Jackson Lees Group—Paul Harrison, Helen Innes & Sorcha McMullan

Partner and paralegals bolster clinical negligence team at Jackson Lees Group

Stone King—Manchester

Stone King—Manchester

Stone King triples Manchester footprint with office move as law firm’s rapid growth journey continues

NEWS
Group claims, disputed costs and judicial recruitment dominate the latest courtroom round-up
Landlords face fresh registration duties as procedural reforms reshape the civil courts
Sanctions can derail commercial disputes long before judgment, making early planning essential
Pressure is mounting for a dedicated UK AI law, but deciding what it should achieve remains the central challenge
Legal professional privilege has checked the SRA’s investigative powers, exposing difficult questions about tackling suspected abusive litigation
back-to-top-scroll