No. Under the Courts and Legal Services Act 1990, the same prohibited categories of work apply to damages-based agreements (DBAs) as they do to conditional fee agreements (CFAs).
Under section 58AA (4)(aa):
must not relate to proceedings which by virtue of section 58A(1) and (2) cannot be the subject of an enforceable conditional fee agreement or to proceedings of a description prescribed by the Lord Chancellor.”
Pursuant to sections 58A(1) and (2):
“the proceedings which cannot be the subject of an enforceable conditional fee agreement are—
(a) criminal proceedings, apart from proceedings under section 82 of the Environmental Protection Act 1990; and
(b) family proceedings.
‘Family proceedings’ is defined in s58A(2).”
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