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Damage Based Agreements - New scheme introduced by Faculty

Faculty Services Ltd has published an updated version of the Scheme For The Accounting For And Collection Of Counsels’ Fees. The new version of the Scheme incorporates changes to the section on Speculative Fees arising from the Civil Litigation (Expenses and Group Proceedings)(Scotland) Act 2018.


The main changes are as follows:


Para 6.2

The addition of a the final sentence in para 6.2 is designed to ensure that Counsel are informed whether or not the solicitor or instructing person has entered into a DBA with the end client.


New Para 6.5

This new paragraph is designed to protect Counsel in the event that the instructing person is working under a DBA. It was recognised that Counsel, particularly recently called Juniors, may be persuaded to accept a judicial recovery basis fee in order to secure a particular piece of work. This paragraph prohibits Counsel from doing so if a DBA is in existence.


Para 6.7

The words “in advance between counsel and the instructing person” have been inserted to clarify that Counsel are involved in agreement of fee arrangements at the appropriate time.


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Counsels fees August 20