It is possible that the accused in civil trials will consider the DBAs if they have a counter-action that they want to file, which puts them in the position of “reverse” complainant. It will be up to counsel to balance the merits of claims and counter-claims as part of his due diligence to ascertain whether he or she is entering into risk-based agreements with his client such as a DBA. The risk of non-resumption by the other party will also be a decisive consideration. On the other hand, it is likely that the defendants will use The Part 36 offers more tactically than ever to minimize the amount of damages and costs paid. Because of the principle of compensation, it may be unnecessary to beat their own Part 36 offer if the compensation costs are capped by the DBA. It is therefore essential that counsel for Part 36 consider The Part 36 offers to be vigilant, without, of course, being intimidated by them. The objective of this first edition of Insight of 2016 is (i) to examine the main options1 available for litigation financing; (ii) its main pros and cons; and (iii) how litigation financing will evolve in the future. Regulation 4 limits the legal tax to an agreed percentage of the damage not exceeding the authorized limit, plus the costs recovered by the other party. It can be said with fug and A that the DBAs took some stuttering measures in the early years. Regulations are not considered universal and the sanction that non-compliant DBAs are not applicable has been another deterrent. There are still some difficulties in understanding exactly how DBAs will work in practice. The Law Society has suspended work on a DBA model and advises caution in concluding these agreements until the DBA regulations are amended.
CFA`s success fee cannot be a percentage of the amount of damages awarded or agreed upon by the client. A compensation agreement requires the applicant to pay the legal representative a fixed part of his injury if the case is successful. This is thought to be beneficial to the complainant, since the lawyer handling the case is financially motivated to obtain the maximum possible payment, as this has a direct impact on the amount they receive after the conclusion of the case. The benefit to the solicitor is questionable, especially for low-value rights, as they end up taking all the risk and have nothing in the end; or worse, the money owed to the client, depending on the damages recovered and the payment of legal fees. The amount of the success tax depends on the assessment of the risk of not meeting the pre-defined criteria for success, the assessment of lawyers. Lawyers will consider all relevant factors, including the merits and value of the claim; The probability of implantation The estimated cost whether the case depends to a large extent on actual or uncertain expert evidence and the information and documents available at the time of registration of the CFA. The amount of the success tax is based on the risk assessment of not meeting the success criteria set out in the CFA, which are generally expressed as a percentage of the lawyer`s normal base or fees.