The Damages-Based Agreements Regulations 2013 (Si 2013 No. 609)

The Working Group was invited to review the position on damages-based agreements Regulations 2013, SI 2013/609 and to support how to improve the legal framework defined by these regulations in order to propose an alternative to conditional force agreements (CFAs). The draft Regulation 2015 was submitted to the Working Group and presented, in its report, proposals for amendments, including: Damages-Based Agreement Regulations, SI 2013/609 (DBA Regulations 2013) submits the requirements of a damages-based agreement (DBA) that must be complied with if the DBA is to be applicable to the represented party. These apply to labour, personal and other civil matters in which the agreement was signed on or after 1 April 2013. In 2015, a working committee of the Civil Justice Council reviewed the damages-based agreement regulations, SI 2013/609. The report of the Working Committee entitled CJC Report: Draft Reform of Agreements Based on Damages. Drafting and Policy Issues was published in August 2015. It contains a number of recommendations to make the scheme more usable, including a new draft DBA Regulation (DBA Regulations 2015). For more information, see News Analysis: Reform of Damages Based Agreements – CJC Recommendations Are Published. Prior to 2013, it was illegal to contract a DBA for disputed work (except for labour rights). The General Terms and Conditions of Sale (SCS), currently in their 5th edition (2018 revision), are a series of standard conditions that are generally included in housing sale contracts.

The Commercial Property Conditions Standards (Third Edition – Revision 2018) (SCPC) are used for the second part of the report The second part of the report focuses on policy issues, including the issue of simultaneous hybrid DBAs. The government is unlikely to participate in a debate on these policy issues and consider further changes within the same time frame. Free trial versions are only available to UK-based individuals Francesca Kaye is a partner at Russell-Cooke LLP and past president of the London Solicitors Litigation Association….

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