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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

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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