Tag: Damages Based Agreement

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.