The Arkin cap, which stems from a 2005 case, limits a third-party funder’s liability to pay costs to the sum the funder paid to its unsuccessful claimant. In February, however, the Court of Appeal unanimously held a third-party funder liable for all the defendant’s costs and refused to apply the Arkin cap, in Money & Anor v Chapelgate [2020] EWCA Civ 246.
Writing in NLJ this week, commercial solicitor-advocate Thomas Wingfield considers the impact of the Court of Appeal’s decision. Is it the end for the Arkin