Damages-Based Agreements (DBAs): Promising Proposals For Reform

A proposed redrafted version of the regulations governing DBAs was presented yesterday at a conference at The Old Hall, Lincoln's Inn. The 2019 draft regulations have been prepared by Professor Rachael Mulheron and Nicholas Bacon QC, who were invited by the Ministry of Justice to conduct an independent review of the 2013 DBA Regulations in light of the government's recognition that they "would benefit from additional clarity and certainty" (see this post). The 2019 draft regulations and explanatory memorandum, and some worked spreadsheets for illustrative purposes, are available here.

The 2019 draft regulations address the key problems with the 2013 Regulations, which have been widely criticised. Many of the issues with those regulations were identified in a review conducted by a Civil Justice Council working group chaired by Prof Mulheron in 2015 (see this post) but the recommendations made by that working group were never implemented. It is hoped that the 2019