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Damage Based Agreements Regulations 2013

The 2013 rules could be abolished and there is even talk of abandoning the Ontario model in favor of a hybrid CFA/DBA. But there`s no timeline I can know when or if this is going to happen. In 2015, the Working Group of the Civil Justice Council, chaired by Professor Rachel Mulheron, carried out a review of the regulations and the draft regulations of the DBA 2015 were prepared. However, these have not been advanced. The Department of Justice then invited an independent audit of the 2013 DBA regulations by Professor Rachel MulHeron and Nicholas Bacon QC. This led to the 2019 DBA regulation. In Britain, the basic rules of DBAs have come under heavy criticism, with the government admitting that “DBAs are rarely used and that the current DBA rules are not effective” (Department of Justice, LASPO Post-Implementation Review of Pt 2, February 2019).

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