The Damages-Based Agreements Regulations 2010
| Jurisdiction | UK Non-devolved |
| Citation | SI 2010/1206 |
| Year | 2010 |
2010 No. 1206
Legal Services, England And Wales
The Damages-Based Agreements Regulations 2010
Made 7th April 2010
Coming into force in accordance with regulation 1
The Lord Chancellor makes the following Regulations in exercise of the powers conferred by sections 58AA(4) and 120(3) of the Courts and Legal Services Act 19901.
He has consulted the designated judges, the General Council of the Bar, the Law Society and such other bodies as he considered appropriate in accordance with section 58AA(6) of that Act.
A draft of this instrument has been laid before and approved by both Houses of Parliament in accordance with section 120(4) of that Act2.
Citation, commencement, interpretation and application
1.—(1) These Regulations may be cited as the Damages-Based Agreements Regulations 2010 and come into force on the day after the day on which they are made.
(2) In these Regulations—
“the Act” means the Courts and Legal Services Act 1990;
“client” means the person who has instructed the representative to provide advocacy services, litigation services (within the meaning of section 119 of the Act) or claims management services (within the meaning of section 4(2)(b) of the Compensation Act 20063) and is liable to make a payment for those services;
“costs” means the total of the representative’s time reasonably spent, in respect of the claim or proceedings, multiplied by the reasonable hourly rate of remuneration of the representative;
“damages-based agreement” means a damages-based agreement which relates to an employment matter;
“expenses” means disbursements incurred by the representative, including counsel’s fees and the expense of obtaining an expert’s report;
“payment” means a part of the sum recovered in respect of the claim or damages awarded that the client agrees to pay the representative and excludes expenses;
“representative” means the person providing the advocacy services, litigation services or claims management services to which the damages-based agreement relates.
(3) These Regulations apply to all damages-based agreements signed on or after the date on which these Regulations come into force.
Requirements of an agreement
2. The requirements prescribed for the purposes of section 58AA(4)(c) of the Act are that the terms and conditions of a damages-based agreement must specify—
(a) the claim or proceedings or parts of them to which the agreement relates;
(b) the circumstances in which the representative’s payment, expenses and costs, or part of them, are payable; and
(c) the reason for setting the amount of the payment at the level agreed, including having regard to, where appropriate, whether the claim or proceedings is one of several similar claims or proceedings.
Information to be given before an agreement is made
3.—(1) The information prescribed for the purposes of section 58AA(4)(d) of the Act is—
(a)
(a) information, to be...
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