IF THE CAP DON’T FIT A JUDGE DOESN’T HAVE TO ACQUIT: THE ARKIN CAP IN THE COURT OF APPEAL

In the judgment today in Chapelgate Credit Opportunity Master Fund Ltd v Money & Ors [2020] EWCA Civ 24 the Court of Appeal upheld a decision not to apply the "Arkin cap" to a party that had been funding litigation.   It was made clear that the Arkin cap is a principle to be considered by the co...