Third-party litigation funders hoping to avoid liability for adverse costs decisions under damage-based agreements (DBAs) by investing in law firms look unlikely to succeed, according to a new report from the Civil Justice Council (CJC).

Final recommendations on DBAs, a form of contingency fee included in the Jackson reforms of civil litigation funding due to come into effect in April 2013, were published last week by the CJC’s contingency fees working party, led by former Irwin Mitchell chairman Michael Napier QC.