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15 May 2008 / Charles Ciumei , Paul Bury
Issue: 7321 / Categories: Features , Regulatory , Competition , Commercial
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A more open competition

Will third-party funding level the litigation playing field? ask Charles Ciumei and Paul Bury

The low number of private damages actions for breach of competition law rules has long been a concern of regulators and practitioners in the EU and the UK. One of the main problem areas is the difficulty that many potential litigants face in obtaining funding for private actions due to the high costs and high risks involved. In November 2007, the Office of Fair Trading (OFT) published its recommendations to facilitate private actions by businesses and consumers (OFT916, Private Actions in Competition Law: Effective Redress for Consumers and Businesses). To address the issue of funding, the OFT recommended that “third-party funding is an important potential source of funding…[and] should be encouraged”.

Previously, little attention was paid to the possibilities of third-party litigation funding in the UK, which was largely confined to insolvency cases and was viewed by many with scepticism. However, the OFT's recommendations are part of a significant change in attitudes to third-party litigation

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MOVERS & SHAKERS

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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