Contingency costs or compensation agreements have long been implemented in US litigation, but these agreements are not permitted for litigation in England and Wales. As of 1 April 2013, compensation agreements are allowed for all civil actions in England and Wales. Lawyers can take legal action against some of the damage. However, a verdict was handed down on Friday last week. The case had moved away and can be found here: Lexlaw v Zuberi  EWHC 1855 (Ch). This is an important decision: it is a decision of HH Judge Parfitt as a high court judge, so it is binding for the lower courts, and in this case the learned judge decided that there is no prohibition for a compensation agreement with payment terms at the end. The liability of a losing party, the costs of an opponent who has entered into a DBA, continues to be calculated in the usual way, i.e. on the basis of the lawyer`s hourly rates. If the achievable costs calculated in this way are less than the amount owed to the winning party under the DBA, the winning party must finance the deficit. However, where costs calculated on the basis of the hourly rate are greater than the amount owed under the DBA, eligible costs are limited to the amount owed by the DBA. The trial of an interim case took place and the judgment of the High Court (Lexlaw Ltd/Zuberi  EWHC 1855 (Ch) (10 July 2020) confirmed as a matter of urgency that the payment rules relating to early termination in DBAs are perfectly legal.
The clarity given by HHJ Parfitt with respect to DBA settlements will expand access to justice, as theimpitless parties will be able to pursue civil and commercial disputes through damages-based agreements. 34. The first damages agreements introduced by the CLSA amendment concerned labour tribunals. The amendment came into force on 19 November 2009 and the provisions in this area were the 2010 compensation regulations.