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 work
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 impact of qualified one-way costs shifting
There are separate Practice Notes for employment and general litigation/advocacy services: Damages-based agreements—employment tribunal matters and Damages based agreements—general litigation or advocacy services.
The regime is the product of sections 45 to 48 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO 2012) which amend section 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
relevant SRA requirements
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When defendants are guilty, they have a choice to plead guilty or to put the prosecution to proof. When they plead guilty they may benefit from a reduction in their sentence as a result, see Practice Note: Credit for guilty plea. However, the Sentencing Council's overarching guidelines on reduction
What is QOCS?Qualified one-way costs shifting (QOCS) was introduced on 1 April 2013 as part of the Jackson costs reforms following the removal of a claimant’s right to recover additional liabilities from the defendant, ie success fees and after the event (ATE) insurance premiums. The relevant CPR
This Practice Note looks at CE-File electronic working in the courts under CPR PD 51O, in the context of case management. It provides guidance on how to file a document electronically, deal with rejected electronic filings, issue a claim electronically, file electronic bundles (eBundles) for case
This Precedent letter covers disclosure obligations under CPR 31. It does not apply to proceedings subject to the disclosure pilot scheme under CPR PD 51U. For guidance on the disclosure pilot scheme, see Practice Note: Business and Property Courts—the disclosure pilot scheme. For a client letter on
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