Damages Based Agreements review timetable problematic

11 May 2020

Today, BLM partner Karen Dance writes for The Scotsman on Damages Based Agreements.

Karen says, "From 27 April, Scottish solicitors have been able to enter into agreements with clients in all personal injury claims to take a percentage share of damages as a fee for success. The legislative foundation for these Damages Based Agreements (DBAs) was laid by the Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018. Another of this Act’s innovations is Qualified One-way Costs Shifting (QOCS). QOCS, likely to come into force this year, will greatly reduce the risk of an unsuccessful claimant being found liable for expenses in a personal injury court case."

Karen explains that the premise of DBAs and QOCS is to increase access to justice.

To read Karen's full commentary on The Scotsman website, please click here.

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Disclaimer: This document does not present a complete or comprehensive statement of the law, nor does it constitute legal advice. It is intended only to highlight issues that may be of interest to customers of BLM. Specialist legal advice should always be sought in any particular case.

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