High Court refuses to apply the so-called Arkin “cap” to adverse costs order against litigation funder

24 June, 2021

In one of the first decisions to consider the application of the so-called Arkin “cap” following the Court of Appeal’s decision in Chapelgate Master Fund Opportunity Ltd v Money [2020] EWCA Civ 246, the High Court has once again made a third party costs order against a litigation funder, and refused to cap that order: Laser … Read more

Court of Appeal clarifies that cross-undertakings should rarely be required as a condition of security for costs

28 January, 2021

In a marked shift from previous first instance decisions, the Court of Appeal has provided guidance on the circumstances in which a defendant seeking security for costs may be required to provide a cross-undertaking in damages: Mr Nigel Rowe & Ors v Ingenious Media Holdings & Ors [2021] EWCA Civ 29. The court held that cross-undertakings should … Read more

Banking Litigation notes

Filters

Filters

Categories

Type

Year

Categories

Year

Type

High Court refuses to apply the so-called Arkin “cap” to adverse costs order against litigation funder

Court of Appeal clarifies that cross-undertakings should rarely be required as a condition of security for costs

Key contacts

Related Links