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).
