A redraft of the rules governing damages-based agreements (DBAs) was published last week, with lawyers urged to feed back on the proposals.
The proposed new Damages-based Agreements Regulations 2019 would move to a 'success fee model' of DBA, allow 'hybrid" agreements, contain specific termination provisions and expressly allow for defendants to use DBAs. The new regulations were drawn up by Professor Rachael Mulheron of Queen Mary University of London and Costs Barrister Nicholas Bacon QC, following an independent review of the DBA rules which they carried out at the request of the Ministry of Justice.
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