Litigation Notes

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

High Court declines to apply so-called Arkin cap to restrict funder's liability for adverse costs

The High Court has found that a commercial funder was liable for all of the defendants' costs incurred in successfully defending a funded claim, from the …

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 …