LEXLAW Solicitors & BarristersWe found 38 results for your search.
Whilst this litigation produced the leading judgment of the Court of Appeal on DBAs the case itself was not resolved by trial of the preliminary issue. The parties have now amicably settled the matter.
If you have a Business Interruption Insurance claim and want to discuss the best way forward (including discussing the funding options available to you in your litigation) do not hesitate to contact us. We can offer no win no fee agreements for BII claims after a fixed fee case review.
In Shaista Zuberi v Lexlaw Limited [2021] EWCA Civ 16, the Court of Appeal has refused the appellant permission to appeal to the Supreme Court. This is a welcome and important judgment for lawyers and clients equally as it provides some much needed judicial clarity on the effect of termination in respect of DBAs in litigation matters
The landmark Court of Appeal judgment in Shaista Zuberi v Lexlaw Limited [2021] EWCA Civ 16 makes clear that termination fees are not caught by the DBA Regulations and any DBA including termination clauses is enforceable. The judgment paves the way for DBAs to flourish and enhances access to justice.
A Damages-Based Agreement (DBA) is an arrangement whereby legal fees are only payable in the event the instruction is successful. We are open to offering DBAs as a means of furthering access to justice to individuals or companies that have a strong legal claim that cannot otherwise be pursued due to the costs of obtaining expert legal advice.
The High Court judgment in Lexlaw Ltd v Zuberi [2020] EWHC 1855 (Ch) (10 July 2020) provides much needed certainty over payment provisions on early termination in DBAs. The clarity given by HHJ Parfitt in relation to the DBA Regulations will widen access to justice as impecunious litigants will be more able to pursue civil and commercial litigation via damages-based agreements.
An award of indemnity costs might give a party in a lawsuit a major advantage, due to the fact that the paying party will be responsible for the legal expenses and the proportionality criterion will not be applied. Since costs on the standard basis are the norm, the indemnity costs principle (included in Civil Procedure Rules 44.3(3)) can be considered punitive in nature.
In the recent case of Candey Ltd v Tonstate Group Ltd & Ors [2022] EWCA Civ 936, the Court of Appeal clarified the scope of damages-based agreements (DBAs)…
In the recent case Percy v Merriman White and Mayall, the Court of Appeal clarified what must be proved by a contribution claimant to succeed in their contribution claim.
The case of McClean and Others v Thornhill sheds light on how those providing advice may now protect themselves based on the technicalities of a disclaimer. Multiple investors…