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

News & Judgments
24 April 2019

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).

Related People

Nicholas Bacon KC

Call: 1992 Silk: 2010

Justin Fenwick KC

Call: 1980 Silk: 1993

Robert Marven KC

Call: 1994 Silk: 2018

Ben Smiley

Call: 2009

Benjamin Fowler

Call: 2011

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