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17 March 2023 / Richard Spector
Issue: 8017 / Categories: Features , Procedure & practice , Costs , Legal services
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The joy of damages-based agreements

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Highs, lows, successes & appreciative clients—Richard Spector shares his personal experience of damages-based agreements
  • Presents a solicitor’s personal experience of running damages-based agreement cases.
  • A low experience was where satellite litigation reduced the fee despite the case succeeding.
  • Outcomes are mainly positive, with good returns especially where cases settle early, and strengthens bonds between solicitor and client.

I have always thought of myself as one of the few solicitors who is a leading proponent of damages-based agreements (DBAs). DBAs are a form of fee agreement whereby the solicitor acts on a no-win no-fee basis and is entitled to a percentage of any damages recovered by the client.

DBAs were introduced by the Damages-Based Agreements Regulations 2013, SI 2013/609, and have not proven overly popular among solicitors so far. Solicitors have been reluctant to take on the additional risk of a DBA where, if they lose, they get nothing at all and, if they win, their fees depend on the amount of damages recovered. Damages are always strongly

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MOVERS & SHAKERS

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley—Jordan Wallace

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Ward Hadaway—Barnaby Rosenthall

Ward Hadaway—Barnaby Rosenthall

Construction lawyer returns to Ward Hadaway in Teesside role

Bird & Bird—Shahin Baghaei

Bird & Bird—Shahin Baghaei

Bird Bird hires leading legal transformation expert

NEWS
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
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