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14 January 2021 / Dominic Regan
Issue: 7916 / Categories: Opinion , Covid-19 , Profession , Procedure & practice
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Civil litigation: An ill wind…

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Dominic Regan highlights the positives in civil litigation from a grim 2020

2020 was unarguably grim for so many people on so many fronts. Nevertheless, civil litigation has generated positives in various areas.

Those successful against an opponent backed by a litigation funder will rejoice that the Arkin cap of 2005 was blown off by the Court of Appeal in Chapelgate v Money (2020) EWCA Civ 246. Back in 2005 the Court of Appeal decided that the costs liability of a funder was limited (capped) to a sum equal to that which it had invested in the failed claim. In Chapelgate, the court looked at what the funder would have extracted had the claim succeeded, a consideration not identified in Arkin. Put succinctly, the bigger the upside were a claim to succeed should mean a greater downside if it didn’t. Since the funder was seeking the greater of 2.5 times what it put in or 25% of damages it followed that it should bear the full burden

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MOVERS & SHAKERS

Bellevue Law—Sara Mason

Bellevue Law—Sara Mason

Bellevue Law expands workplace law offering with specialist healthcare regulatory appointment

Seddons GSC—Peter Ames

Seddons GSC—Peter Ames

Seddons GSC strengthens Dispute Resolution team with partner hire

Taylor Rose—four promotions

Taylor Rose—four promotions

Taylor Rose announces partner promotions

NEWS
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
Refusing mediation need not trigger a costs penalty, but litigators must justify their position
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
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