Important Court of Appeal decision which holds that the ‘Arkin cap’ ie. the cap on a commercial funder’s liability for adverse costs to the level of funding provided, is not a rule that applies automatically; and the court can take into account other matters and not limit the funder’s liability to the amount of funding.
Robert Marven QC is a specialist in all aspects of the law of costs and litigation funding.
Robert is instructed in a range of high profile cases and he is often brought into major group and commercial litigation to deal with specific costs issues. He provides strategic advice on matters of commercial importance to all involved with the costs and funding of litigation. He advises on complex funding solutions for major commercial disputes, costs disputes between solicitors and former clients, and substantial disputes concerning legal expenses insurance.
Robert also specialises in contractual and commercial disputes, civil procedure, regulatory and consumer law and insurance law as well as related issues of professional regulation and discipline. He has a growing practice in solicitors’ negligence work.
Robert is also an expert in the law relating to the claims management industry.
Robert is ranked as a leading Costs practitioner by both Chambers & Partners and the Legal 500.
Chambers & Partners 2021 says he is “very, very knowledgeable and has first-hand experience of the most significant costs decisions. It puts your mind at ease that he’s incredibly up to date on the law.” “He has one of the sharpest legal minds and his knowledge of the subject is unbelievable – there are never any grey areas with him.” “Articulate, clever and very quick-thinking.” Chambers & Partners 2020 says he “combines thoroughness with a highly analytical brain, and works wonders in enabling clients to successfully progress.” In addition the Legal 500 2020 says he is “Very capable at analysing complex, detailed assessment proceedings and understanding strategy.” Chambers & Partners 2019 describe his as having “in depth knowledge of costs proceedings and is a very good advocate. He is also very easy to communicate with.” Legal 500 2019 says he is “not afraid to state an opinion and does not sit on the fence.” Chambers & Partners 2018 describes him as having an “enormous depth of knowledge, is highly responsive and is a real pleasure to work with on every level.” Chambers & Partners 2017 described him as “Very intelligent, excellent with difficult clients and very forensic.” The Legal 500 2017 says “He provides top-class analytical skills and is excellent at focusing on the key issues.” Chambers & Partners 2016 described him as “a go-to for many instructing solicitors” and “an impressive advocate, who produces excellent written work and shows great attention to detail”, “he has that well informed approach that the clients and costs judges lap up.” Chambers & Partners 2015 say “He’s very much the iron fist in the velvet glove.” “The nice thing about working with him is he gives you confidence in what you’re doing. He always comes out and expresses his opinion.” In addition, the Legal 500 2016 says he has “great attention to detail and very knowledgeable”. The Legal 500 2015 described him as “very helpful in putting a good case together”, “great attention to detail and very knowledgeable”. It has also been said that “there seems to be nothing he doesn’t know about the subject” (Chambers & Partners 2011), he has “excellent attention to detail with an eye for the wider context” (Legal 500 2011).