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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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Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

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Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
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