Article published - Funders’ liability for adverse costs: scrapping the cap

As explained in this previous post, the Court of Appeal has recently dismissed an appeal against a decision which declined to apply the so-called Arkin cap to limit a commercial funder’s liability to the amount of the funding it had provided. The decision confirms that the Arkin cap is not a binding rule, and the court retains a broad discretion as to the extent to which a funder should be liable for adverse costs.

Maura McIntosh has published a post on Practical Law’s Dispute Resolution blog which considers the implications of the decision, both for litigation funders and for defendants to funded litigation. 

Click here to read the post