Lexlaw v Zuberi – Agreed Public Statement on Settlement of Landmark DBA Litigation

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.

Lexlaw Ltd v Shaista Zuberi – Claim No. H10CL314 – Reported at [2017] EWHC 1350 (Ch) (09 June 2017); [2020] EWHC 1855 (Ch) (10 July 2020); and as Zuberi v Lexlaw Ltd [2021] EWCA Civ 16 (15 January 2021).

The above long-running litigation dispute has now settled. In a landmark decision it was determined by the Court of Appeal that a damages-based agreement (the “DBA”) was enforceable and compliant with the relevant legislation. The decision of the Court did not determine the litigation, however the Zuberi family now finally and fully accept liability in respect of the DBA and withdraw all allegations of impropriety set out in their pleadings and acknowledge these were made purely in an attempt to escape payment.

For the avoidance of any doubt, it is confirmed by Mrs Zuberi that: (1) the DBA was not procured by any actual or presumed undue influence; (2) she was not induced to sign the DBA by misrepresentations (and there were none); and (3) that Lexlaw and its officers correctly advised her of the true nature and consequences of the DBA.

Further background details can be viewed at: https://lexlaw.co.uk/solicitors-london/damages-based-agreements-court-of-appeal-upholds-enforceability-of-dba-lexlaw-vs-shaista-zuberi-comments-analysis/