Justin Fenwick KC, Nicholas Bacon KC 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 KC appeared for Chapelgate. Click here to read the judgment.
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