Unlimited risk – Ben Smiley writes for Litigation Funding Magazine on how funders have now lost the protection of the Arkin cap

Ben Smiley |

The Court of Appeal recently handed down judgment in ChapelGate Credit Opportunity Master Fund Limited v Money and others [2020] EWCA Civ 246, a case concerning the so-called ‘Arkin cap’. Professional litigation funders can no longer assume (if they ever did) that their liability for a successful party’s costs will be limited to the amount they invested. That remains a possible outcome, but is likely to be rare. However, the impact on the litigation funding market ought to be limited, since the court’s finding was consistent with judicial treatment of the Arkin cap for several years.

Click here to read the article on Litigation Funding’s website.