NLJ this week: Does the Arkin cap still fit?

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.