template

Section 58AA Damages-Based Agreement

by
Genie Team
Genie Team
Oct, 10 2023

When to use this template

The legal template in question, specifically titled Section 58AA Damages-Based Agreement under UK law, is a comprehensive document outlining the terms and conditions for a type of contractual arrangement used within the legal profession. Damages-Based Agreements (DBAs) have gained prominence in the United Kingdom as an alternative fee arrangement mechanism, primarily utilized in civil litigation cases.

Section 58AA of UK law governs DBAs by providing a legislative framework for legal practitioners to enter into contingency fee agreements with their clients. This legal template acts as a guide and a model for lawyers, solicitors, and law firms, offering a pre-drafted agreement that adheres to the specific requirements and regulations outlined in Section 58AA.

The template includes various provisions such as the appointment of solicitors or barristers, the scope of legal services to be provided, and the terms for calculating and distributing fees in the event of a successful outcome. It also addresses potential scenarios such as termination of the agreement, cost liability in the case of unsuccessful litigation, and procedures for dispute resolution.

This legal template aims to ensure that both parties - the legal practitioner and the client - have a clear understanding of the agreed terms, reducing any ambiguity or dispute that might arise during the course of the legal representation. As Section 58AA DBAs carry certain legal obligations and restrictions, this template provides the essential legal language and contractual framework to protect the rights and interests of all parties involved in the agreement.

It is important to note that while this legal template offers a comprehensive starting point, it is highly recommended that legal professionals review and tailor the document to fit the particular circumstances and requirements of each individual case. Additionally, adherence to all relevant UK laws and regulations is crucial to ensure compliance and the validity of the Section 58AA DBA.

Key issues covered in this template

  • Changes in employment
  • Charging for expenses
  • Claim expenses
  • Costs and expenses
  • Employment Appeal Tribunal
  • Enforcement of agreement
  • Expenses and payment
  • Legal advice
  • Pay tribunal costs
  • Payment of fees
  • N/A

What to watch out for

  • The agreement should take into account the requirements imposed by section 58AA of the Courts and Legal Services Act 1990 and the Damages-Based Agreements Regulations 2013 (SI 2013/609)

  • The agreement should be used to fund an employment tribunal claim from 1 April 2013

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Author

Genie Team

Genie Team

@genieteam
Genie AI Team

The Genie Team consists of lawyers and paralegals. Our aim is to open source the law and provide high quality, regularly reviewed legal documents.

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Additional information

Business categories

Business activities

Relevant sectors

Legal Services

Other

Relevant company sizes

1 - 3

20 - 49

250 - 999

4 - 19

50 - 249

1000 +

Governing law

England and Wales

Language

English UK

Gender neutral

Yes