The February edition of ATEMatters

We start this month with an extremely important decision in the case of Burden Holdings (UK) Ltd (in liquidation) v Fielding [2010] EWHC 2995 (Ch) and one which anyone involved with third-party funding should take note of.  In essence, the decision centred on the application of the  ‘Arkin Cap’ and whether a funder can be made the subject of a costs order.  Although an RTA case, the decision in Ho v Adelekun [2019] EWCA Civ 1988 can equally apply to any case where a fixed costs scheme is in place.  The case of Jet 2 Holidays Ltd v Hughes & Anor [2019] EWCA Civ 1858 is one definitely requiring some further reading especially for any firm involved in holiday sickness litigation.  The final two case updates this month will be of interest to your injury litigation colleagues.  The judgment in Wickes Building Supplies Ltd v Blair [2020] EWCA Civ 17 is instrumental in determining whether fixed costs and QOCS apply to appeals, whilst Morrison v Liverpool Women’s NHS Foundation Trust [2020] EWHC 91 (QB) looks at a Judge’s application of the Bolam test in determining causation.

As always, our sincere thanks to David Chalk of University of Winchester for providing us with our case updates.

If you have any comments on ATE Matters or wish to discuss anything to do with ATE insurance and/or case funding, please do get in touch.

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