Davey v Money and another (joint administrators of Angel House Developments Ltd); Dunbar Assets plc v Davey

Costs – Indemnity costs. The Chancery Division held that the present case was not one where it was appropriate to limit the liability of a company (ChapelGate), which had funded an unsuccessful claimant, to the overall maximum of the funding that had been provided to the claimant, because of the application of the decision of the Court of Appeal in Arkin v Borchard Lines Ltd [2005] 3 All ER 613. The court ordered that ChapelGate should pay each of the defendants' costs of the proceedings incurred after ChapelGate and the claimant had entered into their funding agreement, to be assessed on the indemnity basis if not agreed.

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