The following Practice Compliance practice note provides comprehensive and up to date legal information covering:
This Practice Note explains how the damages-based agreement (DBA) regime operates, including:
how DBAs operate
the impact of the indemnity principle on recovering costs from the client's opponent
how to calculate the payment due under a DBA
whether you need a risk assessment
The regime is the product of ss 45–48 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO 2012), which amend s 58 of the Courts and Legal Services Act 1990 (CLSA 1990), together with:
Damages-Based Agreements Regulations 2013, SI 2013/609
Recovery of Costs Insurance Premiums in Clinical Negligence Proceedings (No 2) Regulations 2013, SI 2013/739
Financial Guidance and Claims Act 2018
relevant SRA requirements
Historically, DBAs have only been permitted for employment matters. DBAs can now be used for all types of civil and commercial litigation.
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