Liability Risk and Insurance
DBAS in contentious litigation: damages-based adolescence
By Tom Stapleton, partner, Kennedys London and Donald McDonald, solicitor, Kennedys London
Damages-Based Agreements (DBAs) may finally be coming of age. When they do, they may transform the claims landscape facing
insurers. DBAs were introduced for contentious litigation in April 2013, but to date their popularity has been limited because
of the regulatory position. Recently their boundaries have been tested in the courtroom. In the future we expect to see an
increasing number of claims where the legal team acts under a DBA and is incentivised by a share of the spoils.