Category: Damages Based Agreements

start court case legal proceedings litigation advice

Business Interruption Insurance Guide: Do I have a Claim?

The Supreme Court handed down its ruling in the FCA test case on business interruption insurance against six insurers. If you are an affected business, you should seek legal advice as soon as possible and our specialist financial services litigation team can be instructed to assist.

Financial Conduct Authority FCA UK Logo - LEXLAW Litigation Law Firm in London

FCA’s comment on business interruption insurance test case encouraging for policyholders

On 15 January 2021, the Supreme Court handed down its ruling in the FCA test case on business interruption insurance against six insurers . Many businesses will now be considering the next steps whilst waiting for their insurers to assess their case. The FCA has issued a letter setting out the next steps encouraging insurers to reassess, progress and settle claims quickly in light of the ruling.

Litigation Lawyers in London High Court

Damages Based Agreements: Permission to appeal to Supreme Court refused in landmark DBAs case

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

china chinese insolvency chase debt unpaid invoice lexlaw litigation solicitors barristers in london limitation

Damages Based Agreements: Court of Appeal upholds enforceability of DBAs in the event of termination

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.

lexlaw prosecution damages based agreementscovid 19 corona virus courts remote hearing

Damages Based Agreements: High Court confirms DBA enforceability

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.