DBAs and DBA Insurance following the COA decision in Zuberi v Lexlaw Limited

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A summary of important court decision from the Court of Appeal, Zuberi v Lexlaw Limited [2021] EWCA Civ 6, affecting access to justice for claimants because it is anticipated the judgment will act as a catalyst for growth in the utilisation Damages Based Agreements (DBAs) by claimant law firms.

This episode explains what a DBA is and why they are so appealing to clients who may be struggling to fund their litigation. Moreover, why this particular decision reduces at least some of the uncertainty over the enforceability of DBAs which should encourage more law firms to offer clients DBAs going forward. Finally, whilst this decision is a positive development, many law firms will be nervous about offering DBAs even when they have every confidence in the client’s case, so this episode explains how the availability of DBA Insurance can substantially remove the risk faced by law firms in way that is entirely affordable to the solicitors because the premiums are contingent upon the law firm receiving a success payment.

Presented by Robert Warner and Matthew Amey

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