Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Consultation definition

What does Consultation mean? In pensions practice, consultation is the employer’s statutory duty to consult affected members or their representatives before implementing material changes to an occupational pension scheme. In England & Wales and Scotland this duty is set out in the Occupational and Personal Pension Schemes (Consultation by Employers and Miscellaneous Amendment) Regulations 2006, made under the Pensions Act 2004, with corresponding regulations in Northern Ireland and oversight by The Pensions Regulator (TPR). The duty typically applies to employers with at least 50 employees and requires at least 60 days’ consultation with active and prospective members (or recognised unions), providing sufficient written...

England and Wales: Jackson civil litigation funding and costs reforms—Ministry of Justice 2011 consultation and 2013 implementation; CFAs/ATE abolition, DBAs, QOCS, CPR 36, proportionality

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Practice notes

ARCHIVED :

This Practice Note has been archived as it pre-dates 1 April 2013 and is retained solely to aid understanding of the consultation on reforming conditional fee agreements and other elements of funding and costs in civil litigation. It covers:

the Government’s response
CFAs
After the Event (ATE) insurance
Damages-based agreements (DBAs/contingency fees)
CPR 36
assessment of costs, including the new proportionality test
increased hourly rates for litigants in person

The consultation

Following Lord Justice Jackson’s report on costs, the Ministry of Justice announced a consultation on reforming conditional fee agreements and other aspects of funding and costs in civil litigation. The consultation closed on Monday 14 February 2011. For further details, see: Reform of civil litigation funding: consultation launched (News, 16 November 2010).

The Government's response

The Ministry of Justice issued its response in May 2011. In broad terms, the Government accepted Jackson’s key recommendations (with some adjustment). The proposed package begins by ending the general recoverability of success fees in CFAs (Conditional Fee Agreements) and ATE (After the Event) insurance premiums. Implementation of most measures will require primary legislation...

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Web page updated on 21/05/2026

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