header-logo header-logo

Claims management DBAs

03 June 2016
Issue: 7701 / Categories: Case law , Judicial line , In Court
printer mail-detail

Is a damages-based agreement enforceable where it has been made between a costs management company and a child’s litigation friend which would have been enforceable if the litigation friend had made it with a lawyer? If so, is it a proper exercise of the court’s discretion on an approval hearing to order that the amount due to the company be paid out of the child’s damages?

There may be a liability to pay a percentage of damages for claims management services (within the meaning of s 4(2)(b) of the Compensation Act 2006) on the part of the person who has instructed the claims management company. However, that would not be a liability of the child and the court might well refuse to approve any part of the child’s damages being used to satisfy the litigation friend’s liability of this kind. In any event, the damages-based agreement could be unenforceable: it is not unknown for an agreement to provide for a 25% share of personal injury damages without credit being given for the costs to be

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Quinn Emanuel—James McSweeney

Quinn Emanuel—James McSweeney

London promotion underscores firm’s investment in white collar and investigations

Ward Hadaway—Louise Miller

Ward Hadaway—Louise Miller

Private client team strengthened by partner appointment

NLJ Career Profile: Kate Gaskell, Flex Legal

NLJ Career Profile: Kate Gaskell, Flex Legal

Kate Gaskell, CEO of Flex Legal, reflects on chasing her childhood dreams underscores the importance of welcoming those from all backgrounds into the profession

NEWS
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
In NLJ this week, Ian Smith, emeritus professor at UEA, explores major developments in employment law from the Supreme Court and appellate courts
Writing in NLJ this week, Kamran Rehman and Harriet Campbell of Penningtons Manches Cooper examine Operafund Eco-Invest SICAV plc v Spain, where the Commercial Court held that ICSID and Energy Charter Treaty awards cannot be assigned
back-to-top-scroll