Funders, don’t bank on the ‘Arkin Cap’

16 May 2019

Last month, Snowden J handed down judgment in the case of Davey v Money & Others [2019] . The judgment provides a timely reminder to funders of the discretionary nature of the ‘Arkin cap’ and ought to give funders pause for thought as to how they further protect their investments.

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Funding litigation – there are plenty of options

9 January 2019

In the UK, developments in how litigation is financed means that there are now more funding options for prospective litigants than there have ever been, and the size of a claim is not necessarily a bar to obtaining third party finance. Litigation partner Steven Mash provides an outline of those funding options.

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The beginning of unlimited costs liability for litigation funders?

19 March 2018

Litigation funders may be feeling uneasy after the recent High Court decision of Bailey v Glaxosmithkline[1]. Until this decision, funders could justifiably have assumed that they would only be ordered to pay security for costs up to the level of their funding, an application of the so called “Arkin cap”[2]. Foskett J has shown this […]

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