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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