Damages Based Agreements

Finally, some clarity on the issue of Damages Based Agreements from the Court of Appeal in Lexlaw Ltd v Zuberi [2021] EWCA Civ 16 which now renders the use of DBAs as an effective method of funding cases by making it clear that DBAs which include termination clauses are enforceable.

This has been awaited since the changes brought in as a result of the Jackson reforms in 2013.

View the Court of Appeal judgment on the Courts and Tribunals Judiciary website (opens .pdf document):

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