Lexlaw Ltd v Zuberi

Lexlaw Ltd v Zuberi

The issue of whether the DBA is unenforceable for non-compliance with the statutory requirements is a question of law that does not require factual inquiry. Determining this as a preliminary issue is likely to save substantial time and costs and is appropriate case management. Arguments that further factual inquiry is needed are rejected as irrelevant to the materiality of the alleged breach in this context.

Parties
Claimant: Lexlaw Ltd; Defendant: Mrs Shaista Zuberi
Jurisdiction
England and Wales
Judgment Date
09 June 2017
Procedural Posture
Civil / Ruling on Application for Trial of Preliminary Issue
Outcome
Application granted
Legal Topics
Damages Based Agreements, Enforceability of Contracts, Preliminary Issues, Legal Services Regulation
Contract Law Civil Procedure Damages Based Agreements Enforceability of Contracts Preliminary Issues Legal Services Regulation

Case Brief

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Parties

Lexlaw Ltd

Claimant

Mrs Shaista Zuberi

Defendant

Procedural Posture

Civil / Ruling on Application for Trial of Preliminary Issue

Legal Issues

  1. 1 Whether the Damages-Based Agreement (DBA) is unenforceable by virtue of section 58AA(2) of the Courts and Legal Services Act 1990 due to non-compliance with section 58AA(4) and the Damages-Based Agreements Regulations 2013
  2. 2 Whether the alleged breach of the Regulations is material and requires factual inquiry
  3. 3 Whether a preliminary issue should be ordered for trial

Ratio Decidendi

The issue of whether the DBA is unenforceable for non-compliance with the statutory requirements is a question of law that does not require factual inquiry. Determining this as a preliminary issue is likely to save substantial time and costs and is appropriate case management. Arguments that further factual inquiry is needed are rejected as irrelevant to the materiality of the alleged breach in this context.

Court Disposition

Application granted

Orders

  • Trial of the preliminary issue as defined is ordered