- Cited — Paccar Inc & Ors v Road Haulage Association Ltd & Ors 2021-03-05
“…n May 2005, this court gave its judgment (Lord Phillips MR, sitting with Brooke and Dyson LJJ) in Arkin v Borchard Lines Ltd (Nos 2 and 3) [2005] EWCA Civ 655, [2005] 1 WLR 3055. This case established the important principle that a non-champertous third-party professional litigation funder could be held liable for a third-party costs o…”
- Cited — Chapelgate Credit Opportunity Master Fund Ltd v Money & Ors 2020-02-25
“…Lines Ltd (Nos 2 and 3) [2005] EWCA Civ 655, [2005] 1 WLR 3055 (“Arkin”). In that case, a company which had provided funding on a commercial basis for an unsuccessful claim was ordered to pay the winners’ costs only to the…”
- Considered — Chapelgate Credit Opportunity Master Fund Ltd v Money & Ors 2020-02-25
“…e otherwise. However in so far as the argument has any traction, it has I consider been resolved by the decision of this court in Arkin v Borchard Lines (No 2) [2005] 1 WLR 3055. In that case this court considered, at para 38, that:…”
- Applied — Sony/ATV Music Publishing LLC & Anor v WPMC Ltd & Anor 2018-09-06
“…red to the SATV’s overall costs in excess of £633,000. The judge failed to apply the principle in Arkin v Borchard Lines Ltd (Nos 2 and 3) [2005] EWCA Civ 655; [2005] 1 WLR 3055.…”
- Cited — Corstorphine (An Infant) v Liverpool City Council 2018-02-26
“… by the judge would be unexceptional – see, for example, Johnson v Ribbins [1977] 1 WLR 1458 at 1464 (Goff LJ); Arkin v Borchard Lines Ltd [2005] EWCA Civ 655; [2005] 1 WLR. 3055 at [72]-[77] (Lord Phillips MR). This is not, however, an ordinary case.…”