We launch litigation funding with DBA option

Litigation | Product
Published: 23rd May 2022
Area: Litigation & Dispute Resolution

Share This

Shakespeare Martineau is to offer, for the first time, damages-based agreements (DBAs) as part of its portfolio of litigation funding options called ‘FeeManage’.

DBAs are a fairly new addition to English law and are contingency-based agreements where legal fees are payable as a percentage out of the damages received in the event that the case is successful. Shakespeare Martineau is proud to be in a position to offer DBAs as part of its FeeManage proposition.

If a DBA is entered into, and the predetermined success criteria is achieved, but the recovery from the losing party is relatively low, the DBA percentage fee from recovered monies may be a sum significantly less than that which would have been payable by the client on a normal retainer basis or pursuant to a conditional fee arrangement (CFA) – meaning an increased shared risk between client and legal advisors.

In addition to DBAs, the firm is working with a variety of funders to offer, third party funding (TPF) and after the event (ATE) insurance in combination with CFAs as potential options.

Unlike competitors, Shakespeare Martineau is not tied to a single funding provider, in order to flex requirements and offer full or part funding for litigation claims.

Too often businesses are put off from pursuing debts and assets that are rightfully theirs due to the associated costs, impact on the balance sheet and risk,” explains Barry Jervis, partner and litigation expert at Shakespeare Martineau.

Litigation was buoyant across the country before the pandemic and, as we emerge into a post-pandemic economy, we can expect disputes to increase further. However, the costs of litigation are climbing sharply, alongside increasing numbers of businesses experiencing cash flow issues as a fall out from the pandemic.

Our new ‘FeeManage’ service helps to reduce the financial risk of litigation.”

Every individual and every business is unique and while traditional CFAs might work for one client, third party funding might be more appropriate for another. Whatever the size or complexity of the litigation, we have an option that will suit.

We’re really proud to be taking a different approach to litigation funding. We’re not fixed to a single provider and we’re giving our clients every option available for funding their claim.

Get In Contact

Barry brings a no-nonsense approach to resolving disputes for his clients whilst involving them at every stage of the process.

Litigation Funding

Our Thoughts

All the latest thoughts and insights from our team

NFT’s as legacy gifts

6 Jul

For the individual

NFT’s as legacy gifts

NFTs or non-fungible assets have become the latest buzzword in the new age of […]

Read article Right Arrow

Long COVID and disability discrimination

4 Jul

Corporate & Commercial

Long COVID and disability discrimination

The employment tribunal has determined that an employee was disabled for the purposes of […]

Read article Right Arrow

SHMA® On Demand

All the latest on-demand content

Agriculture: diversifying or leasing your land to create habitat banks

6 Jul

Peter Snodgrass, Partner & Head of Agriculture

Agriculture: diversifying or leasing your land to create habitat banks

We know that biodiversity net gains provide a significant opportunity for landowners to diversify […]

Register Right Arrow

Teachers’ Pension Scheme – strategic issues independent schools need to think about

20 Jul

Esther Maxwell, Legal Director | Emma Glazzard, Solicitor

Teachers’ Pension Scheme – strategic issues independent schools need to think about

Webinar Teachers’ Pension Scheme – strategic issues independent schools need to think about In […]

Register Right Arrow