“…Appeal in Excalibur Ventures llc v Texas Keystone Inc (No 2) [2016] EWCA Civ 1144, [2017] 1 WLR 2221, did not dispute that the orders should provide for assessment on the indemnity basis, in line with the orders that the judge had made again…”
“… that funds contributed for the express purpose of providing security for costs should not count towards the Arkin cap. The appeal was, however, dismissed: see [2016] EWCA Civ 1144, [2017] 1 WLR 2221. With regard to whether the indemnity basis was appropriate, Tomlinson LJ, with whom Gloster and David Richards LJJ agreed, considered that …”