DBAs


Litigation Futures Conference, March 19th 2019

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.

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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.

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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.

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Lord Justice Jackson

Jackson urges Ministry of Justice to abandon DBA caution

Sir Rupert Jackson last week told justice minister Lucy Frazer that the government was wrong to tread with caution over reforming the regime for damages-based agreements (DBAs). He said there was “no possible reason” why hybrid DBAs were not allowed when hybrid conditional fee agreements were.

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“Not unreasonable” for solicitors to switch from DBA to CFA shortly before trial

Claimants did not act unreasonably in switching funding from a damages-based agreement to a conditional fee agreement shortly before trial, even though the defendants are now facing a much larger bill, a costs judge has ruled.

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Mark Humphries

Funding update: third-party backing for credit card claims, DBA insurance launch and more

City law firm Humphries Kerstetter has secured third-party funding to launch of a new wave of claims against MasterCard and Visa on behalf of a host of companies. The move follows the firm’s recent negotiation of a series of settlements with the card schemes on behalf of Tesco and WH Smith.

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London firm secured third-party funding to bring first group action against VW – and on a DBA

London law firm Harcus Sinclair – acting under a damages-based agreement and supported by Slater & Gordon – has secured third-party litigation funding to start the first group litigation arising from the Volkswagen emissions scandal.

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Richard Spector

City minnow’s risk by taking major case on DBA pays off

A small City law firm that took on a major case on a damages-based agreement is set to receive one of the largest pay-outs yet under this still novel form of funding after the High Court awarded its client nearly £9m in damages and interest.

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