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Lafarge convictions: a landmark moment in corporate criminal accountability
Louise Hodges
A Damages-based Agreement (DBA), as stated in the Explanatory Memorandum to the Damages- Based Agreements Regulations 2013, is a “private funding agreement between a representative and a client whereby the representative’s agreed fee (‘the payment’) is contingent upon the success of the case, and is determined as a percentage of the compensation received by the client.”
We are now a year on from the abolishment of the recovery of success fees in Defamation and Privacy proceedings, which brought these distinct areas of law into line with the judgment of the European Court of Human Rights in MGN v UK.
The Court of Appeal upheld a decision that the so-called ‘Arkin Cap’ is not a binding rule but ultimately at the Court’s discretion, in the recent case of ChapelGate Credit Opportunity Master Fund Ltd v Money & Ors.
When a client decides to pursue a claim under the Inheritance (Provision for Family and Dependants) Act 1975 for reasonable financial provision, one of the first discussions between lawyer and client is how the claim will be funded.
Louise Hodges
Jemma Garside
Lord Carter of Haslemere CB
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