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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

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

DWF—11 appointments

DWF—11 appointments

DWF strengthens North West teams with 11 newly qualified solicitors

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Aggressive sales tactics can add up to fraudulent trading even without proof of a particular deception or financial loss
Pro bono is celebrating a silver anniversary, with initiatives putting businesses and students at the heart of access to justice
Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
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