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The new costs landscape

A portfolio approach to DBA funding has advantages over the case-by-case model, says Matt Reach

3 May 2013

Litigation departments in law firms are taking stock of the changes introduced by LASPO, assessing the impact on their practices and trying to identify where the most lucrative opportunities lie in the new costs landscape.

Much has been said about the impact damages-based agreements (DBA) might have on the way claims are funded.

At Argentum, we have developed third-party funding products that embrace the introduction of DBAs. In short, we are looking to provide third-party funding directly to solicitors for DBAs or across a portfolio of DBAs. Such products will be less relevant to a handful of the largest city firms with substantial cash-flow, but are likely to be an attractive prospect for mid-tier and regional firms.

Our research indicates that the majority of law firms in England and Wales, particularly those outside London, are unlikely to have sufficient financial resources to support a portfolio of DBA cases that might take several years to conclude. Ov...

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