There has been considerable controversy surrounding the decision not to implement “hybrid” Damages Based Agreements. There is now an e-petition calling for an open consultation on this issue.
To view the petition click on the link above or here.
Calls for an open consultation for the introduction Hybrid Damages Based Agreements
Responsible department: Ministry of Justice
The Government does not wish to implement hybrid Damages Based Agreements [‘DBAs’]. This prevents access to justice.
The Judiciary, advocate hybrid DBAs. Lord Dyson is “disappointed” by the Government’s stance; given he leads the current review, this highlights significant issues. Lord Justice Jackson, who reviewed the CPR, advocates hybrid DBAs.
Under the Rule of Law and Separation of Powers, the Legislature and Executive cannot ignore the Judiciary’s stance. The Judiciary, who arguably have their finger on the pulse, should not be marginalised to suit the political ideology
Failing to consider hybrid DBAs defeats the purpose of DBAs to allow for revolutionary and cost proportionate access to justice.
Confusion concerning DBAs has led to them not being utilised and denies oft marginalised individuals access to the Court system.
The Government is urged to launch a consultation so concerns that “vested interests” are being protected can be laid to rest.