Damages Based Agreement (DBA) Risk Assessment – General Litigation and Advocacy
A: General information
Matter reference | |
Client name | |
Date of cause of action | |
Type of claim | [Insert, eg contract dispute, commercial litigation] |
Brief description of claim |
B: The opponent/third party
Can we identify the opponent/third party? | ☐ Yes ☐ No |
Name of opponent/third party | |
Type of entity (eg partnership, PLC, company, individual) | |
Do we have a current address for the opponent/third party? | ☐ Yes ☐ No ☐ Not known |
Does the opponent/third party have insurance to pay the damages our client is claiming? | ☐ Yes [insert details of insurer and policy type] ☐ No ☐ Not known |
Does the opponent/third party have the means to pay the damages our client is claiming? (This is relevant regardless of whether the opponent has insurance, as there is no guarantee the insurer will pay out) | ☐ Yes [state your reasons] ☐ No ☐ Not known |
C: The claim
Are there any concerns about the client's evidence? | ☐ Yes ☐ No ☐ Not known |
If yes, briefly summarise your concerns | [Insert, eg client cannot recall key events or did not keep records] |
Do we have independent evidence to support the client's claim? | ☐ Yes ☐ No ☐ Not known |