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When is a DBA not a DBA?

Update

11th Aug 2023

Claims Management, Damages, Damages Based Agreements, Indemnity Principle, Legal principles, Litigation Funding Agreements, Policy wordings and principles, Protocols and Portals, S154 of the Coroners and Justice Act 2009, S58AA into the Courts and Legal Services Act 1990

  • FOIL

This appeal was concerned with a matter of statutory interpretation in the context of litigation funding. Litigation funding involves the agreement of a third party (with no prior connection to the litigation) to finance all or part of the legal costs of certain litigation, in return for a percentage of any damages recovered should the funded litigant be successful.

Interpreter’s fee may be allowed under CPR 45.29I(h)

Update

14th Jul 2023

Cham (2019), Costs, CPR & Courts, CPR 45.29lh, Fixed costs, Interpreters' Fees, Legal principles, Overriding Objective, Overseas Law & Brexit

  • FOIL

The Court of Appeal held that that an interpretation of sub-paragraph (h) that precluded the recovery of reasonably incurred interpreter's fees in a case such as the present would not be in accordance with the overriding objective and the court was not bound by Cham in which counsel’s fee had been disallowed

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