{
  "url": "https://openlegislation.uk/draft-damages-based-agreements-regulations-2010-ukdsi-2010-9780111493854/note",
  "json_url": "https://openlegislation.uk/draft-damages-based-agreements-regulations-2010-ukdsi-2010-9780111493854/note.json",
  "legislation": "ukdsi/2010/9780111493854",
  "legislation_title": "The Damages-Based Agreements Regulations 2010",
  "legislation_url": "https://openlegislation.uk/draft-damages-based-agreements-regulations-2010-ukdsi-2010-9780111493854",
  "path": "note",
  "kind": "note",
  "number": null,
  "heading": "Explanatory note",
  "text": "(This note is not part of the Regulations)\nThese Regulations prescribe the requirements with which an agreement between a client and his or her representative must comply so as to enable it to be a damages-based agreement relating to an employment matter under section 58AA of the Courts and Legal Services Act 1990.\nRegulation 2 specifies the requirements of the agreement.\nRegulation 3 specifies the information that must be given before an agreement can be made.\nRegulation 4 specifies that additional causes of action can be added to the agreement by written and signed amendment.\nRegulation 5 provides that the amount of the payment, including VAT, must not be greater than 35% of the sum ultimately recovered by the client. “Payment” is defined in regulation 1.\nRegulation 6 states that the terms and conditions of an agreement that provide for the termination of the agreement must comply with the following: if the agreement is ended then the representative cannot charge more than his or her costs and expenses for the work done in respect of the client’s claim or proceedings; the client may not end the agreement at particular stages; the representative may not end the agreement unless the client has been or is being unreasonable; nothing in regulation 6 prevents the law of misrepresentation from applying.\nAn impact assessment has been prepared for these Regulations and can be requested by writing to the Ministry of Justice Private Funding Branch at: privatefundingbranch@justice.gsi.gov.uk",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukdsi/2010/9780111493854/note",
    "retrieved_at": "2026-10-30T14:55:18.307105+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}