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Calls for an open consultation for the introduction Hybrid Damages Based Agreements

Submitted on Wednesday 19th November 2014

Published on Friday 21st November 2014

Current status: Closed

Closed: Monday 30th March 2015

Signatures: 42

Tagged with

Dyson ~ Individuals ~ Law

Petition Action

Calls for an open consultation for the introduction Hybrid Damages Based Agreements

Additional Information

The Government does not wish to implement hybrid Damages Based Agreements ['DBAs']. This prevents access to justice.

The Judiciary, advocate hybrid DBAs. Lord Dyson is "disappointed" by the Government's stance; given he leads the current review, this highlights significant issues. Lord Justice Jackson, who reviewed the CPR, advocates hybrid DBAs.

Under the Rule of Law and Separation of Powers, the Legislature and Executive cannot ignore the Judiciary's stance. The Judiciary, who arguably have their finger on the pulse, should not be marginalised to suit the political ideology

Failing to consider hybrid DBAs defeats the purpose of DBAs to allow for revolutionary and cost proportionate access to justice.

Confusion concerning DBAs has led to them not being utilised and denies oft marginalised individuals access to the Court system.

The Government is urged to launch a consultation so concerns that "vested interests" are being protected can be laid to rest.


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