COST BITES 290: BARRISTERS TAKE CARE: ANOTHER REASON THE DBAS WERE INVALID – FAILURE TO INCLUDE COUNSEL’S FEES IN THE EQUATION…
We are continuing with our consideration of Damages-Based Agreements that were found to be unlawful. This time the judge considered the position in relation to counsel’s fees and the Regulations. The judge held that the attempt to charge counsel’s fees…
COST BITES 289: INVALID DAMAGES BASED AGREEMENTS MEANT THAT THE APPELLANTS COULD NOT RECOVER £1.3 MILLION IN COSTS (A BAD DAY OUT FOR THE LAWYERS INVOLVED…)
Today we are looking at a case where the appellants claim to £1.3 million in costs was lost because the Damages-Based Agreements were found to be unlawful and unenforceable. It provides a salutary lesson to all those who are involved…
THE DANGERS OF WORKING UNDER A DBA: WHEN DOES RIGHT TO PAYMENT ARISE? WAS THE DBA ENFORCEABLE: ISSUES CONSIDERED BY THE HIGH COURT
In Tonstate Group Ltd & Ors v Wojakovski & Ors [2021] EWHC 1122 (Ch) Mr Justice Zacaroli considered the issue of whether the right to payment under a Damages Based Agreement (DBA). It was held that right to payment under…
A NUMBER OF CHALLENGES TO THE ENFORCEABILITY OF A DAMAGES BASED AGREEMENT: MASTER MAKES ORDER FOR A SPLIT TRIAL
In Lexlaw Ltd -v- Zuberi [2017] EWHC 1350 (Ch) Master Clark considered challenges to the validity of a damages based agreement between solicitor and client. It was decided that the question of the enforceability of the agreement should be tried…
HYBRID DAMAGES BASED AGREEMENTS: E-PETITION
There has been considerable controversy surrounding the decision not to implement “hybrid” Damages Based Agreements. There is now an e-petition calling for an open consultation on this issue. To view the petition click on the link above or here. Calls…
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