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Section 58 Conditional Fee Agreement Letter (Damages Based Agreement)

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Jurisdiction

England and Wales

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Relevant sectors

Why use a 📁 Damages-based agreement letter?

A damages-based agreement letter is a legal document that sets out the terms of an agreement between a client and their lawyer. The agreement usually states that the lawyer will only be paid if they win the case, and that the client will pay a percentage of any damages they are awarded.

The Section 58 Conditional Fee Agreement Letter (Damages Based Agreement) is a legal template that is specific to the legal system in the United Kingdom. This template is commonly used in various legal matters, such as personal injury claims or civil litigation cases.

A Conditional Fee Agreement (CFA), also known as a "no win, no fee" agreement, is a contract between a client and their legal representative, typically a solicitor. It outlines the terms and conditions under which the solicitor will provide legal services to the client.

Section 58 of the UK's Legal Aid, Sentencing and Punishment of Offenders Act 2012 sets out the regulations regarding Damages Based Agreements (DBAs). A DBA is a type of CFA where the solicitor's fee is based on a specific percentage of the damages awarded to the client if the case is successful.

The template includes essential information, such as the identities of the parties involved, the scope of legal services to be provided, the fee structure, and any additional terms or conditions. It is crucial to accurately outline the percentage of damages the solicitor will receive upon a successful outcome, as well as what expenses will be covered by the client or solicitor.

By using this legal template, both the client and solicitor can have a clear understanding of their rights, obligations, and the financial arrangements involved in the legal matter. It provides a basis for transparency and ensures that both parties are aware of what to expect during the legal proceedings, thereby fostering a fair and professional working relationship.

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