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Despite Lord Jackson arguing heavily in favour of hybrid DBAs, practitioners will be disappointed that the Government has ruled out consideration of hybrid arrangements from the Civil Justice Council's look at proposed technical revisions to the DBA regulations.The issue of hybrid DBAs has been constantly put forward since the introduction of the DBA regulations, but on the basis that the Government considers such arrangements could encourage litigation behaviour based on a low risk/high returns approach, consideration has not been included.
Lord Dyson, Master of the Rolls and Chairman of the CJC, said:
“While I am disappointed that the Government has decided not to permit hybrid DBAs, the CJC will – as ever – seek to assist and review the regulations in the areas suggested, and in the light of experience."
The CJC working group is to be chaired by Professor Rachael Mulheron, who was involved in drafting the DBA regulations themselves. The group has been asked to consider the following issues in detail:
Information on the work to be undertaken is available on the judiciary website here
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