Robert Wheal

White & Case LLP

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Upheaval in the Litigation Funding Industry: UK Supreme Court Rules that many Litigation Funding Agreements are Unenforceable

In a heavy blow to the litigation funding industry, the UK Supreme Court has held that many litigation funding agreements are damages-based agreements and must comply with the relevant regulatory regime. Funders will be...more

8/3/2023 / Judicial Discretion , Litigation Fees & Costs , Litigation Funding , Third Party Funding , UK , UK Supreme Court

Not a binding rule: Court of Appeal confirms funders' costs liability not automatically capped

On 25 February 2020, the Court of Appeal in Chapelgate Credit Opportunity Master Fund Ltd-v-Money & Others confirmed that the liability of a commercial funder of an unsuccessful action should not automatically be limited to...more

3/10/2020 / Appeals , Arkin Cap , Indemnification , Judicial Discretion , Litigation Fees & Costs , Litigation Funding , Third Party Funding , UK

The High Court heralds the end of the Arkin cap

Davey v Money and others [2019] EWHC 997 confirms that litigation funders can no longer rely on the ‘Arkin cap', to limit their adverse costs exposure to the amount of funding they contributed. The decision continues the...more

5/10/2019 / Arkin Cap , Bad Faith , Indemnification , Judicial Discretion , Litigation Fees & Costs , Litigation Funding , Non-Parties , Third Party Funding , UK

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