A Civil Justice Council (CJC) report has made 45 recommendations designed to increase the uptake of damages-based agreements (DBAs), which were a key part of the Jackson reforms but whose use has been limited.
DBAs are a litigation agreement where lawyer and client share the risk – and reward – of litigation. Instead of paying fees up front in the traditional way (such as an hourly rate, or a fixed fee), the lawyers will only be paid as a percentage of any damages actually recovered. If the claim fails, the lawyers receive nothing.
