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School of Law

The Damages-Based Agreements Reform Project

In December 2018, the Ministry of Justice arranged for Professor Rachael Mulheron and Nicholas Bacon QC to carry out an independent review of the Damages-based Agreements Regulations 2013, with a view to re-drafting the Regulations so as to resolve some of the difficulties which have arisen under the 2013 Regulations.

To that end, the work undertaken for this DBA Reform Project has included the production of the following documents:

i. Redrafted Damages-based Agreements Regulations 2019 [PDF 97KB];

ii. An accompanying Explanatory Memorandum [PDF 310KB];

iii. Worked spreadsheets, for illustrative purposes:

iv. A Quick Factsheet [PDF 269KB]

Relevant legislation includes the following:

Other relevant documentation which is pertinent to the review includes the following:

A conference was arranged, in order for Professor Mulheron and Mr Bacon QC to present their joint work undertaken as part of the DBA Reform Project, on Thursday, 17 October 2019, at the Old Hall, Lincoln’s Inn Field, 10.00am-12.00pm. In addition to representatives from the MOJ, over 120 delegates attended that conference, which was a lively and informative session.

Feedback on the redrafted DBA Regulations 2019 was provided by numerous delegates, by means of invited and detailed written submissions. It is anticipated that, following a pause in the work due to Covid-19-related issues, all feedback will be anonymised and collated into a separate and supplementary report for the information of the Ministry of Justice. It is expected that this report will be ready for provision to the MOJ, and for wider publication and dissemination, in the second half of 2020.

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