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The Supreme Court s significant July 2023 decision in R v Competition Appeals Tribunal & Ors has generated much discussion and, as anticipated, led to satellite litigation as funders and funded. ....
In a recent case, the Supreme Court decided that Litigation Funding Agreements are Damages-Based Agreements. This article explores the consequences of this decision. In this article, we ll explore. ....
Zuberi v Lexlaw, a top costs QC confirmed last week. Nicholas Bacon QC, who acted for the Bar Council as intervener in Lexlaw, said the ruling would allow ‘greater flexibility’ in DBA arrangements, which is what the government had wanted. He said: ‘Any solicitor doing DBA work should certainly include provision now in the agreement that allows them to be paid something for the case if the client terminates the agreement, or the client breaches it. That is solid, sound, safe territory now… But those who are more adventurous, who might well be doing a whole basket of DBA cases, may well want to put in a clause that says, “if we lose, we’re going to be paid, say, half an hourly rate or a discounted fee”, on the back of that judgment’. ....
Steve Din, founder of Doorway Capital, said the ruling in Zuberi v Lexlaw Limited is already one of the most important costs judgments of the year, and changes the way clients instruct commercial litigation practices. The ruling effectively ensured that lawyers who had worked on a litigation and were funded through a DBA should still be paid costs despite the client terminating the retainer before the case was settled. It potentially ends almost eight years of reluctance by lawyers and funders to commit to DBAs for uncertainty about their enforceability. Din said the judgment will naturally encourage more lawyers to offer DBAs to potential clients, but should also give litigants a genuine sense of optimism that they might secure the compensation they are entitled to. ....