DBAs

Jackson urges Ministry of Justice to abandon DBA caution

Lord Justice Jackson

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.

July 5th, 2018

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

Signature

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.

January 18th, 2018

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

Mark Humphries

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.

June 1st, 2017

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

Volkswagen logo

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.

January 9th, 2017

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

Richard Spector

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.

December 22nd, 2016

CJC outlines reforms to make DBAs more popular – but holds back over hybrid agreements

Rachael Mulheron

The Civil Justice Council working party on damages-based agreements has fallen short of calling for hybrid agreements to be allowed, but told the government that if it wants to ban their use, “then it owes it to the legal marketplace to make that entirely plain”. But it did recommend that recoverable costs should be excluded from DBA caps.

September 2nd, 2015

Dyson’s “disappointment” as MoJ rules out hybrid DBAs

Lord Dyson

Lord Dyson, the Master of the Rolls, has expressed his disappointment after the Ministry of Justice announced that it had “ruled out” the introduction of hybrid damages-based agreements.

November 10th, 2014

Jackson outlines two-pronged strategy to promote DBAs

jackson_lj_standing

Lord Justice Jackson this week called for an end to the indemnity principle and for lawyers to lobby the government on the need for hybrid damages-based agreements (DBAs).

October 24th, 2014

Barristers struggling with costs budgeting, survey finds

calculator

Large numbers of barristers are struggling with costs budgeting, with some submitting budgets without even seeing the papers, Bar Council research has shown. It also found that barristers are now much more wary of taking work under CFAs.

September 19th, 2014

Costs budgeting at risk from “inconsistency and lack of expertise” of judges, report finds

Royal Courts of Justice

The biggest threat to the success of costs budgeting comes from the “inconsistency and lack of expertise” of the judges involved, a report commissioned by the Civil Justice Council has concluded.

May 28th, 2014

Blog

QOCS and multiple defendants – why both sides need to be wary

Chris McClure

The recent case of Cartwright v Venduct Engineering Limited [2018] EWCA Civ 1654 represents a very interesting development in the interpretation of rule 44.14. The question before the Court of Appeal was this: where, in a matter to which QOCS applies, a claimant has brought an action against multiple defendants, is a successful defendant entitled to enforce a costs award in its favour against damages recovered by the claimant from an unsuccessful defendant?

August 16th, 2018

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