21 April 2020
The Arkin cap, which protects third-party litigation funders, will survive the Court of Appeal’s recent refusal to apply it, but in a new light, an advocate has argued.
The Arkin cap, which stems from a 2005 case, limits a third-party funder’s liability to pay costs to the sum the funder paid to its unsuccessful claimant. In February, however, the Court of Appeal unanimously held a third-party funder liable for all the defendant’s costs and refused to apply the Arkin cap, in Money & Anor v Chapelgate [2020] EWCA Civ 246.
Writing in NLJ this week, commercial solicitor-advocate Thomas Wingfield considers the impact of the Court
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