Resources

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

Articles & Publications
15 April 2020

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.

Related People

Ben Smiley

Call: 2009

Search

Tags

Expertise

Popular resources

Blurred boundaries: just how far do solicitors’ duties extend?


There has been a recent spate of cases where claimants have attempted…

Discover more

Stay of proceedings before serving a claim form


What should claimants do when limitation is about to expire? Noting…

Discover more

Tom Ogden and Will Harman succeed in PPE contract claim


Last week the High Court handed down judgment dismissing an $11 million…

Discover more

If you would like to know more or have a question please talk to our clerks

Portfolio Builder

Select the expertise that you would like to download or add to the portfolio

Download    Add to portfolio   
Portfolio
Title Type CV Email

Remove All

Download


Click here to share this shortlist.
(It will expire after 30 days.)