Letter explaining DBA—general litigation or advocacy
Letter explaining DBA—general litigation or advocacy

The following Practice Compliance precedent provides comprehensive and up to date legal information covering:

  • Letter explaining DBA—general litigation or advocacy

Standard DBA (general litigation or advocacy)

We have discussed various options for funding your costs, such as:

  1. legal expense insurance, eg under your house or car insurance

  2. via a trade union or other membership organisation

  3. by a third party funding agreement

  4. by legal aid

  5. [add any other method you may have discussed]

It appears that none of these options is available or suitable and we have therefore agreed to act on a damages-based agreement or ‘DBA’.

A DBA is a type of no-win-no-fee agreement. The agreement itself is enclosed with this letter and it relates to [state what the DBA covers, eg your claim for breach of contract against KMFFS limited]. We are satisfied that the DBA is suitable for your needs and takes account of your best interests.

Key features of a DBA

The table below shows what you will be liable to pay if you win your case and whether you can claim those costs from your opponent.

Costs you are liable to pay if you win your caseCan you claim these costs from your opponent?
The ‘payment’ of [insert figure, eg 50]% of the total amount you ultimately recover in this matter. The payment [includes OR excludes]:
—the fees of any barrister we

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