Funders Face Uncertainty After Court Relaxes Arkin Cap

Law360, London (March 11, 2020, 3:13 PM GMT) -- The Court of Appeal recently put litigation funders on notice that they can no longer count on a previously set cap to limit how much they might have to pay out in the event that they bet on a losing case, raising the potential risks for investing.

In a closely watched case, the appeals court in late February upheld a ruling requiring ChapelGate Credit Opportunity Master Fund Ltd. to cover the legal costs of Dunbar Assets PLC and its administrators after the funder’s client unsuccessfully tried to sue the lender for fraud.

In siding with the trial court, the three-judge panel...

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