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