Civil litigation

Damages Based Agreements Reform Project – Law Society response

The proposals

Professor Rachael Mulheron and Nicholas Bacon QC have carried out an independent review of the Damages-Based Agreements (DBA) Regulations 2013 and propose some substantial changes. The proposed Regulations have been re-drafted to remove some of the ambiguity associated with the existing legislation. Find out more.

Our view

The Law Society believes that alternative mechanisms for achieving access to justice should be supported, including DBAs, provided that they do not substantially undermine other available methods of funding. We support the work of the DBA reform project and encourage the government to consult further on the proposals.

What this means for solicitors

Any new DBA Regulations should be drafted so that they increase access to justice, enabling solicitors to offer more litigation services to a wider group of clients.

Next steps

Professor Rachael Mulheron and Nicholas Bacon QC are expected to release a supplementary report based on feedback they have received.

We urge the government to consult on the work of the DBA Reform Project.

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