DBAs
Barristers induced into DBA by deceit lose damages challenge
Two barristers induced by their client’s deceitful instructions to enter into a DBA have lost their challenge to an arbitrator’s decision not to award them £7m in compensatory damages.
Court of Appeal: Solicitors can be paid on DBA termination
The Court of Appeal has today saved damages-based agreements by ruling that they are not unenforceable if they provide that the client has to pay incurred costs and expenses on termination.
Contingent and third-party funding on the up at Rosenblatt
City firm Rosenblatt is ramping up its use of contingent funding agreements, while its litigation finance arm has now invested in nine cases, the listed business’s half-year results have shown.
High Court upholds lawyer’s entitlement to costs on DBA termination
A damages-based agreement was not unenforceable because it obliged the client to pay incurred costs and expenses when she exercised her contractual right of termination, the High Court has ruled.
DBA demand “on rise” as City firm secures portfolio cover
Clients previously willing to pay lawyers by the hour are now looking at damages-based agreements in light of the coronavirus crisis, a leading City law firm has claimed.
High Court orders disclosure of DBA and funding
The High Court has ordered the claimants in a major group action to disclose details of both the damages-based agreement and third-party funding arrangements they have entered into.
Boutique firm acting on DBA for ‘mortgage prisoners’
Boutique litigation law firm Harcus Parker has begun legal proceedings on behalf of so-called ‘mortgage prisoners’ who say they have been trapped paying more on their mortgages than they should have.
Official worried that lawyers might “abuse” reformed DBAs
The government needs to be sure that allowing hybrid damages-based agreements will not encourage abuse by lawyers, such as speculative litigation, the lead civil servant has warned.
Review lays ground for both hybrid and defendant DBAs
Changes to the damages-based agreement (DBA) regulations, including opening them up to defendants and allowing hybrid DBAs, have been put forward by an independent review.
APIL and Law Society push for extended QOCS and reformed DBAs
The Association of Personal Injury Lawyers has called for qualified one-way costs shifting to be extended beyond personal injury and the cap on damages-based agreements to be doubled to 50% for fast-track cases with fixed costs.