Damages-based agreements—personal injury and clinical negligence—checklist


Published by a ÀÏ˾»úÎçÒ¹¸£Àû PI & Clinical Negligence expert
Checklists

Damages-based agreements—personal injury and clinical negligence—checklist


Published by a ÀÏ˾»úÎçÒ¹¸£Àû PI & Clinical Negligence expert

Checklists
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This Checklist will help you assess whether a personal injury or clinical negligence damages-based agreement (DBA) complies with relevant legislation and regulatory requirements. It can also be used to assess whether your process for these types of DBAs meets regulatory requirements.

DBAs became lawful in personal injury and clinical negligence cases on 1 April 2013. For further guidance, see Practice Note: Damages-based agreements—personal injury and clinical negligence.

A: General requirements

Complete section A for all DBAs. If you answer ‘no’ to any question, the DBA you are proposing may be unenforceable and/or you may breach SRA requirements.

RequirementCompliant?Additional information
Agreement is in writing.Yes/NoThe agreement must be in writing. See section 58AA(4)(a) of the Courts and Legal Services Act 1990 (CLSA 1990).
DBA relates to advocacy or litigation services or claims management services.Yes/NoA DBA is an agreement between a person providing advocacy, litigation or claims management services. The definition of ‘proceedings’ includes any sort of proceedings
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Jurisdiction(s):
United Kingdom
Related legal acts:

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