Severing the two creates a threefold problem, says Simon Gibbs, but despite this point being stressed before the Jackson reforms, it is not getting through
Damages-based agreements if they are to be used at all require careful consideration of a large number of issues. In the final article of his three part review of the use of Damage Based Agreements, DAS LawAssist consultant David Chalk outlines compensating the risk of losing, model DBAs & terminating DBAs.
Junior LLP members may be facing disproportionately higher risks as they are asked to inject a significant amount of capital, without a commensurate increase in their influence, say Phillip D'Costa and James Harrison