- Trial of a preliminary issue on the question of DBAs (Lexlaw v Zuberi)
- Original news
- What are the practical implications of this case?
- What should costs practitioners note?
- What are Damages Based Agreements (DBAs)?
- What are the facts giving rise to the instant decision?
- What was the issue the defendant wished to be tried?
- What were the competing arguments before the court?
- How did the court decide these matters?
- Case details
Dispute Resolution analysis: In Lexlaw Ltd v Zuberi  EWHC 1350 (Ch), Master Clark sitting in the High Court, Chancery Division ordered a trial of the preliminary issue as to whether a Damages Based Agreement (DBA) was rendered unenforceable when it contained a clause providing for payment other than those payments defined by the DBA Regulations 2013, SI 2013/609, rr 4(1) and 4(3). The judge considered the previous authorities on when it is appropriate to order a trial of a preliminary issue including Steele v Steele  All ER (D) 227 (Apr) and Lexi Holdings Plc v Pannone & Partners  EWHC 3507 (Ch).
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