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

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 | No Comments »

Budgeting has “forced costs up”, LSLA says

Budgeting has “forced costs up and will continue to do so”, John Bramhall, president of the London Solicitors Litigation Association, has said. His comments came as 85% of litigators predicted that post-Jackson budgeting would increase costs.

December 12th, 2014 | No Comments »

Jackson outlines two-pronged strategy to promote DBAs

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 | No Comments »

Barristers struggling with costs budgeting, survey finds

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 | No Comments »

Extension of QOCS the key to the “true Jackson”, says Ramsey

Mr Justice Ramsey, the judge in charge of Jackson implementation, has said that extending qualified one-way costs shifting (QOCS) beyond the limits of personal injury and defamation holds the key to unlocking the “true Jackson”.

July 15th, 2014 | No Comments »

Government to make announcement on campaign for DBA changes “soon”

An announcement on whether the regulations governing damages-based agreements are to be changed is expected shortly, a major conference on the first year of the Jackson reforms heard on Friday. The extension of fixed recoverable costs is also on the government’s agenda.

March 24th, 2014 | No Comments »

The truth about the new ‘hybrid’ DBAs

Traditionally, when we think of third-party funding, it’s usually in the context of financing the claimant. In other words, a litigation funder will enter into a funding agreement with the claimant and agree to pay their legal fees and disbursements. However, as the market evolves, so do the options available for litigation funding. There has been some recent press and publicity from various funders surrounding funding products specifically designed to finance law firms directly, in order to enable firms to offer damages-based agreements.

November 14th, 2013 | No Comments »

Ramsey backs allowing hybrid DBAs

The rules on damages-based agreements should be changed to free up solicitors to offer a mixture of contingency fees and hourly rates in commercial cases, the judge in charge of Jackson implementation said this week.

July 12th, 2013 | 1 Comment »

Top silk warns solicitors that DBAs could land them in front of disciplinary tribunal

Solicitors advising on damages-based agreements should make detailed notes at the time agreement is made in case they are later accused of exploiting the client, one of the leading barristers in solicitors’ regulation has advised.

July 4th, 2013 | Comments Off on Top silk warns solicitors that DBAs could land them in front of disciplinary tribunal

LSB tells ombudsman to monitor complaints about damages-based agreements

Continuing concern over the potential for mis-selling damages-based agreements has led the Legal Services Board to order the Legal Ombudsman to monitor the complaints it receives in relation to them.

June 20th, 2013 | Comments Off on LSB tells ombudsman to monitor complaints about damages-based agreements