Arkin

Arkin

2005 Court of Appeal decision that endorsed third party litigation funding, provided that the claimant remains the party primarily interested in the result of the litigation and in control of its conduct

 

The court held that funders should be potentially liable for adverse costs, but only to the extent of the funding provided.  The Jackson Report subsequently recommended that funders should potentially be liable for the full amount of adverse costs, subject to the discretion of the judge

Glossary

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