Insights by Penningtons Manches: Does the Arkin cap still fit?

Clare Arthurs and Nicole Finlayson advise dedicated followers of fashion ‘Commercial litigation funders have enjoyed pairing their NPCOs with a jaunty Arkin cap. ChapelGate described this finishing touch to its adverse costs outfits as a principle which limited its total liability to the defendants to the overall maximum of the funding that it provided to …
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Insights by Penningtons Manches: Securing costs

Clare Arthurs and Nicole Finlayson take a look at some recent costs cases ‘It is evident from the judgment in Premier Motorauctions that the existence of ATE insurance will be taken into account by the court when assessing a claimant‘s ability to pay an adverse costs order.‘ As the nights drew in, the end of …
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Funding: Safety first

Georgina Squire summarises a recent caselaw with potential impact on ATE funding ‘The financial standing and resources of the claimants and their third-party funder were scrutinised closely by the court in this case and it should be expected in future cases.‘ In Bailey v GlaxoSmithKline UK Ltd [2017] the defendant applied to the court for …
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