4 New Square’s Justin Fenwick QC, Nicholas Bacon QC and Ben Smiley succeed in the Court of Appeal in the “Arkin Cap” case of Davey v Money and others

Justin Fenwick QC, Nicholas Bacon QC and Ben Smiley succeed in the Court of Appeal in the “Arkin Cap” case of Davey v Money and others. The Court of Appeal handed down judgment today confirming that the “Arkin” approach of limiting the adverse costs liability of a commercial litigation funder under s.51 Senior Courts Act 1981  to the sums the funder has expended in funding the case, is not a binding rule.  Robert Marven QC appeared for Chapelgate.  Click here to read the judgment.