17 March 2023

Issue: 8017 / Categories: Legal News , Procedure & practice , Costs , Damages , Legal services

NLJ this week: Singing the praises of DBAs

Damages-based agreements (DBAs) are the seldom-used option when it comes to ‘no win no fee’ cases, but is their lack of popularity justified? In this week’s NLJ, solicitor and DBA-proponent Richard Spector, partner at Spector Constant and Williams shares his personal experience of running DBA cases.

Spector shares some insights and tips from his experience of running DBAs.

While there have been some negatives, he reveals that his experiences have been overwhelmingly positive. What’s more, there are some definite advantages of DBAs over conditional fee agreements, for example, he writes, ‘the DBA is genuinely like a joint venture between solicitor and client.

‘If the client is successful, then so is the solicitor. Similarly, if the client fails to win or achieve a good recovery, then the solicitor gets paid nothing or very little. The solicitor and client are in it together.’

MOVERS & SHAKERS

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Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Firm awards training contracts to paralegals through internal programme

Ward Hadaway—Matthew Morton

Private client disputes specialist joins commercial litigation team

Thomson Hayton Winkley—Nina Hood

Cumbria firm appoints new head of residential property

NEWS

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NLJ this week: Divorce ‘nuclear weapon’ freezes assets but entangles outsiders

Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners

NLJ this week: What counts as ‘rent’? Court says labour alone won’t do

A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent

NLJ this week: Freed but failed—justice system leaves the innocent empty-handed

Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’

NLJ this week: Clarity on whistleblowing, settlements and tribunal limits

A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’

NLJ this week: Family law urged to ditch adversarial instincts

Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients

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NLJ this week: Singing the praises of DBAs

MOVERS & SHAKERS

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Ward Hadaway—Matthew Morton

Thomson Hayton Winkley—Nina Hood