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NLJ this week: Does the Arkin cap still fit?

09 September 2020
Issue: 7901 / Categories: Legal News , Litigation funding , Profession
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Litigation funding is on the rise, providing financing solutions to increasing numbers of claimants

Writing in NLJ this week, Georgina Squire, partner at Rosling King, charts the development of the Arkin cap (where the funded party is unsuccessful, the funder’s liability for costs is restricted to the amount funded).

Given recent case law, does the cap still exist? The judicial approach to litigation funding has evolved as the funding industry itself has grown and changed.

Squire also notes the arrival of start-up companies in the litigating funding industry, which have expanded the bandwidth of funded claims to include lower value as well as large value litigation.

MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
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