This Practice Note explains how the damages-based agreement (DBA) regime operates in personal injury and clinical negligence cases including: • how DBAs work • the impact of the indemnity principle on recovering costs from the client’s opponent • enforceability issues • how to calculate the payment due under a DBA • whether you need a risk assessment • the impact of qualified one-way costs shifting DBAs became lawful in personal injury and clinical negligence cases on 1 April 2013. They allow a lawyer or claims manager to charge a fee which is a percentage of the damages recovered. In personal injury cases that percentage is capped at 25% of damages for past losses and pain, suffering and loss of amenity. For further guidance, see: Calculating the percentage payment below. There is therefore a risk for the firm that the damages recovered will be insufficient. It is worth noting that solicitors have a responsibility to discuss funding options with their clients. It is important to discuss with a client the different methods

This Checklist will help you assess whether a personal injury or clinical negligence damages-based agreement (DBA) complies with relevant legislation and regulatory requirements. It can also be used to assess whether your process for these types of DBAs meets regulatory requirements. DBAs became lawful in personal injury and clinical negligence cases on 1 April 2013. For further guidance, see Practice Note: Damages-based agreements—personal injury and clinical negligence. A: General requirements Complete section A for all DBAs. If you answer ‘no’ to any question, the DBA you are proposing may be unenforceable and/or you may breach SRA requirements. Requirement Compliant? Additional information Agreement is in writing. Yes/No The agreement must be in writing. See section 58AA(4)(a) of the Courts and Legal Services Act 1990 (CLSA 1990). DBA relates to advocacy or litigation services or claims management services. Yes/No A DBA is an agreement between a person providing advocacy, litigation or claims management services. The definition of ‘proceedings’ includes any sort of proceedings

The Cabinet Office has announced the appointment of Dame Antonia Romeo as Cabinet Secretary and Head of the Civil Service, following a recruitment process approved by the independent First Civil Service Commissioner. Dame Antonia, formerly Permanent Secretary of the Home Office, becomes the first woman to hold the position since its establishment more than a century ago. The appointment takes immediate effect.

Ofsted has announced that Dame Christine Gilbert will lead the review into Ofsted’s response to Ruth Perry’s death. The review will address actions that Ofsted took in response to the death, Ofsted’s communications and engagement with stakeholders concerning the death of Ruth Perry, and internal support offered to staff and inspectors. Ofsted has noted that the review will not look at the inspection of Caversham Primary School in November 2022.

The Lord Chief Justice of England and Wales has appointed the Right Honourable Dame Victoria Sharpe DBE to the position of Deputy Head of Criminal Justice. The Right Honourable Dame served previously as the president of the Queen's Bench Division. She will take on her new position effective immediately.

A loss caused by a legal wrong.

The economist, Dan Corry, has been appointed to conduct an internal review of the regulation and regulators within the Department for Environment, Food and Rural Affairs (Defra). The review seeks to examine whether the current regulatory landscape is fit for purpose and develop recommendations to ensure that Defra’s regulations drive economic growth while protecting the environment.

The Department for Environment, Food and Rural Affairs (Defra) has published the findings of Dan Corry’s independent review, which examines whether Defra’s regulatory framework effectively supports economic growth and nature recovery. The review identifies the current system as outdated, inconsistent, and complex, presenting 29 recommendations across five strategic themes. In response, Defra announced plans to expedite the implementation of nine key recommendations, including: (1) appointing a single lead regulator for major infrastructure projects; (2) rapidly reviewing and updating existing environmental compliance guidance; (3) streamlining permit processes, including updating the Environmental Permitting (England and Wales) Regulations 2016, SI 2016/1154; (4) developing a single planning permit portal for all agencies; (5) establishing a new Defra Infrastructure Board; (6) granting increased autonomy to trusted nature conservation and environmental partners; (7) launching an industry-funded Nature Market Accelerator; (8) publishing new strategic policy statements for all regulators, starting with the Environment Agency and Natural England; and (9) introducing a continuous reform programme for specific regulations. Measures involving financial expenditure will be evaluated during the Spending Review, while those requiring legislative changes will be considered within Defra’s broader legislative priorities.

Corporate Crime analysis: The Court of Appeal unanimously dismissed Dana Astra’s appeal against the High Court’s findings that Dana Astra, as a Belarus registered company without any business or assets in the UK, was not within the UK’s jurisdiction for the purposes of Article 1 of the European Convention on Human Rights (ECHR). While Dana Astra advanced interesting and novel arguments relating to extraterritorial jurisdiction within the context of sanctions, these were rejected decisively, affirming the European Court of Human Right’s (ECtHR’s) well established restrictive approach to jurisdiction. Written by Angelika Hellweger, legal director, and Ulrich Schmidt, associate, at Rahman Ravelli.

The Department for Levelling Up, Housing and Communities (DLUHC) has transferred Dandara Living Holdings Limited from the list of developers who have yet to sign the newly published developer remediation contract to the list of developers who have signed the contract.

CASE HUB ARCHIVED—this archived case hub reflects the position at the date of the decision of 18 March 2021; it is no longer maintained. See further, timeline. Case facts Outline European Commission merger investigation into the proposed acquisition by Danfoss A/S of Eaton Corporation plc’s Hydraulics business (M.9820). The proposed transaction involves horizontal overlaps in the market for the supply of hydraulic components. Latest developments On 18 March 2021, the Commission cleared the proposed transaction subject to commitments. In order to address the Commission’s competition concerns, it accepted commitments offered by Danfoss. These included (amongst other things) the divestment of parts of Danfoss' HSU, ESV and orbital motors businesses. Parties • Danfoss A/S (Danfoss):Danfoss is headquartered in Denmark. It is a global corporation mainly active in the manufacturing of components and engineering technologies for refrigeration, air conditioning, heating, motor control and hydraulics used in off-road machinery. Furthermore, Danfoss provides solutions for renewable energy, for instance, solar and wind power, as well as district energy infrastructure for cities.• Eaton Corporation plc (Eaton): Eaton is headquartered in Ireland.

PI & Clinical Negligence analysis: The High Court held that an experienced agricultural engineer was contributorily negligent after entering a danger zone between a running waste handler and its demolition grab, reducing his damages by 20%. His deliberate approach to moving machinery amounted to culpable exposure to an obvious risk rather than mere workplace inadvertence. However, greater responsibility rested with the defendant, whose employee controlled the dangerous machinery, failed to isolate it and inadvertently operated the joystick. The decision illustrates the distinction between inadvertence and contributory negligence and confirms that an experienced contractor’s failure to take reasonable care may justify a deduction, while substantial responsibility may remain with those controlling hazardous equipment and workplace safety systems. Produced in partnership with Narrinder Taggar, director at DWF Law.