Last updateTue, 24 Feb 2015 5pm

DAMAGES: A slice of the cake

01 February 2013  

Nick Rowles-Davies assesses the impact of the draft Damages-Based Agreement Regulations

The Civil Justice Council’s (CJC) working party on damages-based agreements (DBAs) has prompted some debate in the litigation funding world, following its recommended draft for the regulations on DBAs published in July 2012. Third-party litigation funders are worried that the implementation of the recommendations and proposed draft Damages-Based Agreement Regulations 2012 (DBA Regulations) set out by the CJC will leave them at a disadvantage and create an uneven playing field when it comes to them competing for business with solicitors proposing to fund cases under a DBA.

Additional Info

  • Case(s) Referenced:

    Adris & ors v RBS [2010] EWHC 941 (QB)

    Arkin v Borchard Lines Ltd & ors [2005] EWCA Civ 655

    Dymocks Franchise Systems (NSW) Pty Ltd v Todd [2004] UKPC 39

    Hamilton v Al-Fayed [2002] EWCA Civ 665

    Hodgson v Imperial Tobacco Ltd [1998] 1 WLR 1056

    Hodgson & ors v Imperial Tobacco Ltd & ors [1998] EWCA Civ 224

    Myatt v National Coal Board [2007] EWCA Civ 307

    Symphony Group plc v Hodgson [1994] QB 179

    Tolstoy-Milslavsky v Aldington [1996] 1 WLR 736