Important decision handed down last week in relation to the limits of the Arkin Cap

Last week, Mr Justice Snowden handed down judgment on the application of the successful Defendants against the Claimant’s commercial funder, ChapelGate, for a non-party costs order under s. 51 of the Senior Courts Act 1981.

Justin Fenwick QC and Ben Smiley appeared for the defendant Administrators; Nicholas Bacon QC appeared for the defendant Dunbar Assets plc; and Robert Marven QC appeared for ChapelGate.

The decision and its implicates are summarised by Benjamin Fowler in his article ‘From the From the Arkin ‘cap’ to the Arkin ‘approach’: Davey v Money & Ors [2019] EWHC 997 (Ch).