Arkin v Borchard Lines Ltd & ors (Nos 2 and 3) [2005] EWCA Civ 655

Funding: Hats off

Michael Taylor, Gawain Moore, Duncan Lole and Gwendoline Davies weigh up a Court of Appeal decision on the adverse costs liability of litigation funders It is possible to imagine circumstances in which application of the Arkin cap might not be considered “just”, even where a funder has funded only a distinct part of a claimants …

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Insights by Penningtons Manches: Does the Arkin cap still fit?

Clare Arthurs and Nicole Finlayson advise dedicated followers of fashion ‘Commercial litigation funders have enjoyed pairing their NPCOs with a jaunty Arkin cap. ChapelGate described this finishing touch to its adverse costs outfits as a principle which limited its total liability to the defendants to the overall maximum of the funding that it provided to …

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Insights by Penningtons Manches: Securing costs

Clare Arthurs and Nicole Finlayson take a look at some recent costs cases ‘It is evident from the judgment in Premier Motorauctions that the existence of ATE insurance will be taken into account by the court when assessing a claimant‘s ability to pay an adverse costs order.‘ As the nights drew in, the end of …

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