Damages Based Agreements

When entering into a ​Damages Based Agreement (DBA),we agree that payment of our fees is contingent upon your claim being successful (as defined by the DBA); and upon you receiving a payment of damages, which may include the transfer of an asset to you.

We will be entitled to charge a DBA fee of up to 50% of your damages, which will cover the payment of our fees, counsel's fees and VAT. All other disbursements and expenses will be payable in addtion to the DBA fee.

if you are successful, then you are likely to recover part of your costs from your opponent. The cost award will be taken into consideration when determining the DBA fee. We will provide a full explanation to you of how the agreement will work in practice, before entering into a DBA.

It is important to bear in mind that a DBA will only deal with payment of our fees and those of counsel. You will remain liable to pay the other disbursements and expenses. You are also at risk of having to pay your opponent's costs, if your case is unsuccessful. It may be possible to cover these costs by purchasing after the event insurance.

Pre-agreement costs

In order for us to properly assess your case and it's chances of success, we will need to investigate your claim of defence and in most cases, obtain advice from a barrister on the merits of your case. In some cases, we will also need expert advice. Unless we agree otherwise, you will be liable to pay for the costs of the investigation and obtaining the advice.

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