The Problem with DBAs

One of the raft of measures proposed by the Jackson reforms was the relaxing on rules on contingent agreements, or rather Damages-Based Agreements (DBAs), in contentious business matters. The intention was to lessen the impact of removing the right to recover additional liabilities on an inter partes basis, and was introduced into legislation via S45…

When is a CFA unreasonable?

The Court held in Nadarajah Vilvarajah v West London Law Limited [2017] EWHC B23 (Costs) that the Conditional Fee Agreement entered into between the Claimant and his Solicitor was unreasonable and the Claimant was therefore not liable to pay the costs as claimed by his Solicitor. Indeed the Solicitor’s Bill of Costs was reduced from…