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Bar Council expresses concerns with DBA Regulations

Posted in: Personal Injury 

The Bar Council has again called on the Ministry of Justice to correct a number of deficiencies in the Conditional Fee Agreements (CFA) Order and Damages-based Agreements (DBA) Regulations, commonly referred to as No Win, No Fee.

The Bar Council has continued to express serious concerns about both the draft CFA Order and the draft DBA Regulations which, if agreed to in their current form, will seriously undermine Lord Justice Jackson’s recommendations and reduce access to justice, especially with personal injury claims.

It has highlighted problems with the current drafting of the statutory instruments and puts forward suggested amendments that should be made in a separate amendment order to come into force before 1st April 2013.

The Bar Council remains concerned about the manner and speed in which the regulations relating to Lord Justice Jackson’s package of recommendations are being made.

Dr Mark Friston, Vice Chairman of the Bar Council’s Remuneration Committee, said:

“The Ministry of Justice’s approach to the Jackson changes is marred by an artificial sense of urgency. Changes as far reaching as the Jackson reforms could and should be made in a way that gives businesses time to adjust to the all-important details. If the reforms are to work well, then practitioners’ texts will need to be rewritten, software will need to be updated, and barristers will need to explore and learn about their new environment. Hardly any of these things will have happened by 1st April 2013.”


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