Regulating damages based agreements
Status: Closed - with response
Open date: 01 July 2009
Close date: 25 September 2009
Responses published: 27 October 2009
A consultation on the proposals to regulate damages based agreements, in which legal fees are paid out of damages awarded, commonly used in Employment Tribunals in England and Wales.
Consultation paper
- Regulating damages based agreements - consultation paper (PDF 0.38mb 50 pages)
- Regulating damages based agreements - list of questions for response (Word 0.05mb 2 pages)
Response
We received 33 responses to the consultation from a wide range of respondents including employment law practitioners, legal regulators and advisory bodies, trade unions, government bodies, legal associations and members of the judiciary.
The majority of respondents agreed that damages based agreements should be regulated to protect consumers, although views on the specific proposals set out in the consultation paper differed. Final regulations will be developed in consultation with the key stakeholders.
- Regulating damages based agreements - summary of responses (PDF 0.45mb 37 pages)
Regulations
Regulations relating to Damages Based Agreements in Employment Tribunal proceedings have now been developed. A draft of the regulations can be found below.
Comments on the draft regulations are welcomed by Friday 8 January 2010
- Draft regulations (PDF 0.06mb 5 pages)
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Natasha ZitcerCivil Legal Aid and Private Funding
Access to Justice Policy Directorate, Ministry of Justice