Zachary Kell’s article on the Arkin Cap published in the Journal of International Banking and Financial Law

1st June 2020

Zachary Kell has written an article for the Journal of International Banking and Financial Law entitled ‘Arkin uncapped: Chapelgate and the future of litigation funding’ ((2020) 6 JIBFL 403 – co-authored with Joel Goschalk FIPA of the commercial funder Cavendish IP Solutions). The article considers the recent decision of the Court of Appeal in ChapelGate Credit Opportunity Master Fund Limited v Money [2020] EWCA Civ 246, where a litigation funder appealed a decision not to apply the Arkin cap to a costs order made against the funder following the unsuccessful litigation of their client. The effect this has on the business of funding is clear, funders no longer have the guaranteed costs protection of Arkin which ensured a funder’s liability for a successful opponent’s costs would be limited to the proportion of a client’s litigation costs which were funded.

Subscribers to the JIBFL can now access this electronically through their Lexis Library account, or in the hardcopy publication.