Home ShipmanagementLegal HFW Litigation: Are we seeing the end of the ‘Arkin Cap’ limiting a funder’s liability for adverse costs?

HFW Litigation: Are we seeing the end of the ‘Arkin Cap’ limiting a funder’s liability for adverse costs?

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Nicola Gare

HFW Litigation: Are we seeing the end of the ‘Arkin Cap’ limiting a funder’s liability for adverse costs?

In a judgment that will be welcomed by many, the English Chancery Court has departed from what has, since 2005, been the established, but often criticised principle that commercial litigation funders should have their adverse costs exposure limited to the amount of their financial contribution, known as the “Arkin Cap”.

The decision will be of interest to those who seek funding, or who have a funded counter-party.

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