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Trial of a preliminary issue on the question of DBAs (Lexlaw v Zuberi)

Trial of a preliminary issue on the question of DBAs (Lexlaw v Zuberi)
Published on: 13 June 2017
Published by: LexisPSL
  • 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

Article summary

Dispute Resolution analysis: In Lexlaw Ltd v Zuberi [2017] 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 [2001] All ER (D) 227 (Apr) and Lexi Holdings Plc v Pannone & Partners [2009] EWHC 3507 (Ch). or take a trial to read the full analysis.

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