REUTERS | Henry Nicholls
November 11, 2019

Redrafted DBA Regulations: a promising basis for reform

A proposed redraft of the much-criticised 2013 regulations governing damages-based agreements (DBAs) has recently been published and has been broadly welcomed by practitioners. The redraft is a joint effort by Professor Rachael Mulheron of QMUL and Nicholas Bacon QC, who were invited by the Ministry of Justice (MoJ) to conduct an independent review of the 2013 Regulations. This followed the government’s recognition, in its post-implementation review of Part 2 of LASPO, that the current version “would benefit from additional clarity and certainty”, a comment which some may say displays the art of understatement. Continue reading →

REUTERS |
November 7, 2019

High Court emphasises importance of explaining clearly English rules of procedure and burden of proof

In Paralel Routs Limited v Fedotov, HHJ Paul Matthews, who was sitting as a judge of the High Court, highlighted the importance and necessity of procedural rules being explained properly. This case involved a defendant, a Russian national, who at the time of trial was in prison in Moscow and did not give live evidence, and another Russian national claiming to have an interest in the claimant’s claim. Continue reading →