The Damages-Based Agreements Regulations 2013

The Ministry of Justice has published the draft Damages-Based Agreements Regulations 2013, which come into force on 1st April 2013.

The draft Regulations make it clear that, save in respect of employment matters, the payment from a client’s damages shall be the sum agreed to be paid (capped at 25% in personal injury cases and 50% in any other claim or proceedings to which the Regulations apply) net of any costs (including fixed costs) payable to the representative by another party in the proceedings. Counsel’s fees are within the cap in all cases, save for employment matters.

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