Excalibur Ventures LLC v Texas Keystone Inc and ors

A commercial third-party litigation funder of an unsuccessful claim may be made the subject of a non-party costs order under s.51 Senior Courts Act 1981, generally limited by the Arkin cap to the amount of funding provided, and where the funded claim is found to merit indemnity costs the funder is ordinarily liable on the same indemnity basis as the funded party.