Does the cap fit? Another challenge to the Arkin cap

Kate Bowden of Taylor Wessing reviews a recent UK decision in which the Arkin cap approach was once again considered by the court in a costs decision and feels that this latest judgment should prompt funders to assess whether their in-house template litigation funding agreements purport to give the funder such a degree of control over the relevant litigation that it could be vulnerable to uncapped adverse costs orders. Read more.

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