Litigation Notes

Article published - Damages-based agreements and termination: a small chink of light

Damages-based agreements (or DBAs), under which a lawyer can receive an agreed percentage of any damages in the event of success, were introduced to …

Article published - Redrafted DBA Regulations: a promising basis for reform

As explained in this previous post, a proposed redrafted version of the regulations governing Damages-Based Agreements (DBAs) has recently been …

Damages-based agreements (DBAs): promising proposals for reform

Government accepts need for greater clarity in regulations governing damages-based agreements

The government has today published the results of its post-implementation review of the key legislation that implemented the costs and funding aspects of …

Lord Justice Jackson urges extension of his reforms to insolvency proceedings

In a lecture delivered on 16 October, Lord Justice Jackson has argued the case in favour of bringing insolvency litigation into line with other …

Civil Justice Council recommendations for reform of Damages-Based Agreements (DBAs)

The Civil Justice Council has today issued its report and recommendations following its review of the regulations governing DBAs. The review was prompted …

Claim assigned to SPV not struck out as champertous

The High Court has refused to strike out a claim as champertous where it had been assigned to an LLP in which the assignor had a one-third …

Government rules out "hybrid" Damages-Based Agreements (DBAs)

The Ministry of Justice has asked the Civil Justice Council (CJC) to review the regulations governing DBAs to consider possible …

One year from the "Big Bang": Assessing the impact of the Jackson reforms – A seminar with Mr Justice Ramsey

Herbert Smith Freehills held a client event on Tuesday 6 May to discuss how the Jackson reforms have affected commercial parties to date and what the …

Draft Damages-Based Agreements Regulations have surprising implications

The government yesterday published the draft Damages-Based Agreements (DBA) Regulations 2013, which were laid before Parliament on 21 …

50% cap on contingency fees for commercial cases

The government has given further details of its plans to introduce contingency fees, or “damages based agreements” (DBAs), for civil litigation. It has …

Working party recommends no cap on contingency fees for commercial cases

The working party set up to consider fundamental issues relating to the planned introduction of contingency fees, or “damages based …