No to “hybrid” DBAs

Damages-Based Agreements (DBAs) recommended by Lord Justice Jackson in his review of civil litigation costs, have largely been shunned by litigators owing to a lack of clarity about how they would operate in practice. One solution to this was to allow “hybrid” DBAs. However, the Ministry of Justice (MoJ) has ruled this option out on the grounds that it might encourage a “low risk/high returns approach” to litigation (New Law Journal 14 November).