header-logo header-logo

03 June 2016
Issue: 7701 / Categories: Case law , Judicial line , In Court
printer mail-detail

Claims management DBAs

Is a damages-based agreement enforceable where it has been made between a costs management company and a child’s litigation friend which would have been enforceable if the litigation friend had made it with a lawyer? If so, is it a proper exercise of the court’s discretion on an approval hearing to order that the amount due to the company be paid out of the child’s damages?

There may be a liability to pay a percentage of damages for claims management services (within the meaning of s 4(2)(b) of the Compensation Act 2006) on the part of the person who has instructed the claims management company. However, that would not be a liability of the child and the court might well refuse to approve any part of the child’s damages being used to satisfy the litigation friend’s liability of this kind. In any event, the damages-based agreement could be unenforceable: it is not unknown for an agreement to provide for a 25% share of personal injury damages without credit being given for the costs to be

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Katten Muchin Rosenman—Charlotte Hill

Katten Muchin Rosenman—Charlotte Hill

Katten strengthens financial markets and funds group in London

Hugh James—Keith Cundall & Lee Hart

Hugh James—Keith Cundall & Lee Hart

Hugh James expands national Serious Injury team with two new Partners

HFW—Rémi Ducloyer

HFW—Rémi Ducloyer

HFW continues Paris office growth with public law Partner hire

NEWS
The Court of Appeal's decision in Mazur v Charles Russell Speechlys LLP has lifted months of uncertainty for Chartered Legal Executives while prompting a rethink of regulation and supervision
The assisted dying debate returns to Westminster as Lauren Edwards MP reintroduces legislation that stalled in the House of Lords last session despite clearing the Commons
A little-noticed provision of the Crime and Policing Act 2026 has fundamentally expanded corporate criminal liability
Artificial intelligence is transforming legal practice, but careless reliance on it is creating growing professional risks
The law offers cohabiting couples surprisingly greater protection after one partner dies than when they separate during life
back-to-top-scroll