MMS Smartguide. Guide to Private Antitrust Litigation
|
|
- Barnard Doyle
- 8 years ago
- Views:
Transcription
1 MMS Smartguide Guide to Private Antitrust Litigation
2 Contents Introduction 2 Questions & Answers 3 Summary: 13 route to court Get in touch 15 Notes 16
3 2 Introduction Until recently, civil court actions in competition, or antitrust, cases were no more than a remote risk. This risk would have had little or no deterrent effect and would pale into insignificance when compared to the likelihood of adverse publicity and fines for companies involved in anti-competitive behaviour. Lately, however, competition-based litigation has become markedly more frequent both in the UK and in Europe. The number of such cases is set to rise still further in coming months and years, as steps are taken at UK, EU and other Member State levels to facilitate private antitrust litigation. This Smartguide gives an overview, in Question & Answer format, of the issues which you may need to consider if you are the victim of anti-competitive conduct and are thinking of bringing the matter to court to recoup your loss or obtain another remedy. Actions can be taken against a whole variety of competition infringements, for example: - You have been buying from the same supplier for some time and have recently discovered it has been involved in a cartel. You realise you ve been overpaying for years! You sue to claim back the accumulated overcharge. - You are a regular commercial user of a facility operated by a powerful service-provider which also competes in your market. Out of the blue, access is withdrawn or restricted and you can no longer carry out your business. You know this has been done to drive you from the market. Informal attempts to solve the problem fail and you decide to take legal action to regain access and obtain damages for the loss to your business. Even if you choose not to take legal action, it can be useful from a commercial perspective to be aware of whether your customers, suppliers or competitors have been involved in anti-competitive behaviour. This kind of information can, at the very least, give you the edge in negotiating improved terms.
4 3 Questions & Answers Q. Why has this suddenly started to be a real option for businesses? I thought these sorts of cases were almost impossible to pursue successfully in Europe? A. So far, the number of successful private actions in the EU is relatively modest. However, claimants have been awarded damages, notably in Germany, Italy, France, Spain and the Netherlands. In the UK, there have been no cases where damages have been awarded after a full trial, but it is well known that many cases have settled for substantial sums. In the UK, legislation introduced a procedure for bringing a claim in the Competition Appeal Tribunal (CAT), a specialist court dealing exclusively with competition cases, where there is already a decision of the Office of Fair Trading (OFT) or European Commission (the Commission) finding that the competition rules were infringed. Alternatively, such claims can be brought in the ordinary civil courts. This process has already led to an increase in the number of private actions and, coupled with Government initiatives to push this growth, the trend will only increase. Where there is an infringement decision of the OFT or Commission, it is taken as read and the claimant need only establish the amount of loss and the link between the infringement and that loss (a so-called follow-on claim). Remember, however, that, decisions of other national competition authorities are not currently binding in UK courts and therefore cannot be relied upon in private antitrust litigation. Where there is no OFT or Commission decision, at present, claims must be brought in the civil courts and liability must be established by the claimant (a so-called stand-alone claim). Q. I think my suppliers/ customers are in a cartel. Can I sue them? A. In short, yes. There are two distinct situations follow-on claims and stand-alone claims. Follow-on: where there is an infringement decision from the Commission or OFT As noted previously, followon actions are a lot simpler than stand-alones. You can bring the proceedings in the CAT or in the ordinary courts, and you do not have to establish the existence of the infringement itself. If you can prove that the infringement caused your loss and the amount of that loss, you can bring a followon claim. Stand-alone: where there is no prior infringement decision At the moment, stand-alone actions must be brought in the ordinary civil courts.
5 4 As with any other civil damages case, you have to establish, on the balance of probabilities, the existence of an infringement, its link to the loss suffered and the amount of that loss. Given that it often takes many years for competition authorities armed with substantial resources and legal powers to obtain documents to adopt decisions finding the existence of an infringement, for a claimant a stand-alone action can be no mean feat. Standalone actions do, however, mean that action can be taken without waiting for the outcome of an OFT or Commission investigation. Q. So how on earth would I go about bringing a stand-alone action? A. This is not straightforward, but that s not to say it s impossible. First, you will need a basis on which to get your claim off the ground. The court can, on application by a defendant, give summary judgment dismissing a claim if the claimant fails to show that his case has a reasonable prospect of success. A damages claim brought in the civil courts should include at least an estimated quantification of damages supported by economic expert evidence. The main difficulty lies in proving the existence of an infringement. It may be possible to get pre-action disclosure of documents held by the prospective defendant(s) which helps to prove the claimant s case (by applying to the court). The courts have broad powers to order disclosure against prospective parties. However, they will not allow you simply to go on a fishing expedition. In England & Wales, in order to get pre-action disclosure, you will need to support your application with some evidence, and satisfy the court that the documents you are seeking would in any event have been accessible through standard disclosure (i.e. during the course of the action itself). Finally, to obtain pre-action disclosure you must show it is required in order either to dispose fairly of the anticipated proceedings, assist the dispute to be resolved without proceedings, or save costs. In Scotland, a party wishing to obtain documentation or other material in the hands of another party can do so by way of a specification of documents or specification of property. The courts will order disclosure whether pre-action or standard of documents if they will assist parties either in establishing or making their cases more specific. Once your claim has been lodged and defences served, you will proceed to the standard disclosure stage.
6 5 The English courts have the power to order a party to give access to all documents in its possession relevant to the litigation. In Scotland, although generally amenable to fairly extensive disclosure where relevant, the courts will only order disclosure of documents or classes of documents more closely identified by the applying party. Parties can also apply to the court to obtain documents held by third parties, i.e. who are not party to the litigation. In England, you can also obtain the pleadings and defences in relation to other similar claims that are already on the go. It s worth considering whether this could help you to formulate your own claim. Remember, however, that privileged documents (i.e. legal advice, and, where litigation is contemplated, documents relating to the litigation) will be protected from disclosure and it will not be possible to access and rely on them. However, many of the documents you will need will not be protected by privilege anyway. Privileged information In the context of competition litigation in the UK, normal English and Scottish privilege rules will apply (rather than those applicable in a European Commission investigation where in-house lawyers advice is not protected). It is worth noting that litigation privilege (which confers wider protection than legal advice privilege) arguably does not apply where regulatory proceedings are underway but court litigation is still some way off. From the claimant s perspective, this means that many documents held by defendants relating to the regulatory investigation may not be privileged and may be able to be obtained by the claimant. Q. What about where my supplier is dominant and, for instance, refuses to supply me with goods I need. Can I sue the supplier? A. In brief, yes. You would need to establish that the supplier occupied a dominant position and had abused this position. You could seek an injunction or interdict requiring the supplier to supply you with the goods you need and/or (for instance, if it s too late for an injunction or interdict to be any good to you) you could seek damages for the loss you have suffered. You would also need to show that the abuse caused your loss and the amount of that loss. One of the hardest elements to prove in an abuse case is that the defendant is dominant in its market. You normally need an economist to pull together an expert report on this point.
7 6 Again, you may well need to use disclosure processes to obtain supporting evidence for your claim. Of course, where there is a prior decision of the OFT or Commission, things are a lot more straightforward. For instance, in 2006, the CAT awarded interim damages of 2m to a company called Healthcare at Home. The defendant was a drugs company, Genzyme, which had changed the terms of supply to Healthcare at Home and set up in competition with its service in a way which the OFT held to be an unlawful abuse of dominance. Following the award of interim damages by the CAT, the case settled presumably for a sum in excess of 2m. Q. How do I know if a company with which I am contracting has engaged in cartel activity? A. If you are buying supplies from companies in an industry that is under investigation, it may well be worth taking a few preliminary steps. While some companies in an industry may already be exposed for engaging in cartel conduct, this does not mean that other companies in the same industry are not also involved but have avoided being caught out. Of course, if your supplier is not actually being investigated, that may simply be because it is not involved in the alleged cartel. However, it may still be worth trying to negotiate on future prices as they may well have been free riding on the inflated prices caused by a cartel amongst others in the same industry. Alternatively, it is possible that your supplier will come under scrutiny later. Either way, you should keep hold of invoices that may be relevant at a later stage if you do wish to claim damages through a court action. Competition issues may also arise in your downstream relationships. If one of your customers is a dominant purchaser of your product, you should be aware that it is prohibited to abuse this buying power, for instance by offering you discriminatory or uneconomically low prices. Or, if you buy from a manufacturer who seeks to fix resale prices or discourage parallel trading, you should be alive to the risk of stepping over the line yourself. Any agreement with distributors which may limit their competitive behaviour may be vulnerable to competition challenges. Introducing a robust competition compliance programme can help you to stay within the rules.
8 7 Q. I bought goods from one of the parties to a cartel, but I ve checked the invoice and it was actually the German parent company that sold them to me. Can I still sue them in the UK? A. Yes, you may be able to do so, for example if a UK subsidiary of one of the cartel members was involved in implementing the cartel. It s worth noting that the parties to a cartel are jointly liable for the overcharge resulting from a cartel, so it may be possible to sue any or all of them, even if you bought only from one of them. If you can establish jurisdiction in England (or Scotland) against one of the cartel members, by showing that it or one of its subsidiaries was involved in implementing the cartel there, (even if it is not the one from which you bought the goods) then you may be able to join other defendants to the same claim as long as it is for closely connected conduct. There may be a further possibility of suing a foreignbased cartel member in the UK courts if you, as a claimant, are based in the UK and, as a result of the cartel, you suffered your losses in the UK. This is likely to have been the case if the sale of the cartelised goods took place in the UK (or was governed by UK contract law), even if the seller is based in another country. If possible, it is a good idea to bring your claim as soon as possible to ensure that you get into the courts of your choice. A defendant may seek to torpedo your action by commencing pre-emptive proceedings in another jurisdiction. This may make life more difficult and expensive for potential claimants. Q. I ve heard that in the US, claimants can get treble damages when they ve paid an overcharge as a result of a cartel. Does this apply in the UK too? A. No, it doesn t. Antitrust damages in the UK aim to put you in the position you would have been in but for the infringement. The availability of treble damages is one of the reasons why this sort of litigation is rife in the US but there is little appetite to encourage a similar boom here. It is interesting to note, however, that interest accumulating on loss caused by a competition infringement can significantly increase the size of the claim. The English High Court has ruled that exemplary damages i.e. aimed at punishing the defendants, not merely compensating the claimants are not appropriate when the infringing parties have already been fined (in that case, by the Commission). The Court of Appeal later confirmed in the same case that restitutionary damages which reflect the level of the defendant s profit, rather than the claimant s loss are also unavailable
9 8 in competition actions. Therefore, compensatory damages look set to be the norm. The CAT and Scottish courts have so far not had an opportunity to rule on what damages are available in proceedings before them. Q. If I have suffered a loss from a cartel can I bring a court action in the US? A. In contrast to the EU, private antitrust litigation in the US has long been an important element of the enforcement process. There, private actions for damages account for some 90% of antitrust enforcement. Features of the US system such as the ability to bring class actions, the availability of treble damages and the system of contingency fees have encouraged high volumes of private litigation. Even businesses operating primarily outside the US can be at risk of being sued in US courts. However, to be able to bring a court action in the US against a non-us company, the anti-competitive conduct of that foreign company must have had some effect on the US market. The US Supreme Court in 2004 held that US courts do not have jurisdiction where the anti-competitive conduct is independent of any adverse domestic effect, i.e. where the claimant s case rests solely on harm suffered outside the US. So, in answer to the question, where the anti-competitive conduct does affect the US, a class action in the US is possible, and you can be part of that class. Real-life example: An example is the BA/ Virgin case concerning transatlantic flights: even if you reside in the UK and bought your ticket here, you can be party to a US class action. In the US, since you are normally automatically party to the case unless you opt out, you may be entitled to a compensatory payment after a settlement is reached in the class action. Normally, the applicable law will coincide with the jurisdiction so that the court can apply its own law. In any case, the court will apply its own procedural rules.
10 9 Q. If I brought an action, should I do so against all the cartel members, or just some of them? A. In principle one member of a cartel is expected to be liable for the loss caused by all its members. So, it should be enough to sue one cartelist, and not even necessarily the one from whom you bought. However, in practice, you will probably want to sue a number of the cartelists to ensure that at least one of them will have a deep enough pocket to pay you. There is talk among EU and UK competition authorities of the possibility of protecting infringers, who have been granted immunity, from liability for the overcharge caused by other parties. The aim of this is to avoid discouraging whistleblowers from coming forward. Q. I didn t buy the goods in question directly from the party involved in the cartel. However, I do believe I bought the goods at an inflated price, especially since prices have dropped since the cartel ended. Can I still sue for my loss? A. Although there is, to date, no conclusive authority in the UK confirming that indirect purchasers can sue for their loss, the CAT and ordinary courts have given encouraging signals. The European Court has also indicated that, as a matter of principle, those who have suffered loss should be entitled to reclaim it, irrespective of whether there are other links in the contractual chain between the cartelists and the claimant. As long as you can show that you have suffered loss caused by the cartel even if passed on by an innocent middle-man you are likely to have a valid claim for damages. Q. Might the cartelists allege that I just passed on the overcharge to my own customers? A. Yes, they might. Although there is little authority in the EU as to how this issue is to be resolved, the corollary of allowing indirect purchasers to sue is that you should only be able to claim for your actual loss, not that which you have passed on to your customers. Often you will need an economist to help you to show that the loss was suffered by you and that you were unable to pass on any or all of it. Typically, if your customers have greater bargaining power than you, you will have been unable to pass on your loss. Q. I ve heard about class actions in the US. Are these sorts of actions possible here? A. There are ways of bringing multi-party or representative actions in the English courts,
11 10 although there are widely recognised weaknesses in these procedures. In Scotland, it is possible to pursue a lead action but there is currently no formal process for multiparty actions (although this is under review). Collective actions by specified consumer bodies are, however, provided for in the CAT. Crucially, consumers have to opt into an action to become party to it. By contrast, in the US, actions are generally brought on behalf of whole classes of consumers, unless they specifically opt out. Real-life example: You may have heard about the case brought in 2007 against JJB Sports by UK consumer organisation Which?, following on from the OFT s earlier decision finding that JJB had fixed the retail prices for Manchester United and England team replica football kit. Whilst JJB did not admit causing any loss to consumers, the case was settled out of court. In this action, only those consumers who specifically opted into the case benefited from the settlement. New legislation has been proposed to extend availability of these sorts of actions to businesses and also provide for all consumers within the class to be included automatically as claimants unless they specifically opt out. Q. I m less bothered about obtaining damages than I am about actually getting supplies of the product I need. Is there anything I can do to get hold of these supplies? A. Indeed there is. You may be able to get an injunction or interdict, if this is a more appropriate remedy than damages. You may be able to do this at an early stage of proceedings (called an interim injunction or interdict), sometimes at short notice, if there is genuine urgency, and sometimes without the defendants being present (although they will subsequently be given an opportunity to be heard). Alternatively, this may be the appropriate remedy at the end of the proceedings. Q. If I m successful, could the other side appeal and embroil me in years of further litigation? And if I m not successful initially, would I be able to appeal? A. Yes, it s true that the defendant might appeal, although if it s the CAT or the English High Court that has awarded the damages, the defendant will need permission to do so. However, in practice, cases often settle on the basis that neither party can appeal, so this would not normally be an issue. An unsuccessful claimant has the same rights of appeal as a defendant.
12 11 Q. Another thing I m worried about is whether I ll have to pay the other side s costs if I don t manage to prove my case. What is the position? A. The losing party in civil cases will normally be ordered to pay the successful party s costs. You re right to consider this as one of the risks involved in bringing an action. It is possible to obtain what is known as after-the-event insurance to cover this risk, if you have a good claim. The premium can be paid out of any settlement monies or damages eventually won. If you lose the case altogether, the insurance covers the defendants costs. Q. I don t have any funds available to finance an action of this sort. What options are open to me? A. A number of options are available to claimants. For example: - In some cases (especially follow-on cases) it may be possible to agree with your solicitors a conditional fee agreement under which you pay either a capped fee or no fee at all in the first instance, and the lawyers get an uplift on their normal rates if you win. This can be coupled with after-the-event insurance to cover the costs risk if you lose the claim and have to pay the defendants costs the insurance will cover this; - Other forms of private funding may be available, if you could persuade investors of the likelihood of a successful outcome and, therefore, a healthy return; - If other businesses have suffered loss from the same infringement, you may be able to bring a joint action and pool costs. The downside is that you may to some extent lose control over the way the action is run, when to settle and how to divide up the proceeds; - Policy initiatives suggested in the UK could, in the future, make public funding available, for instance through a litigation fund administered by the OFT. At the moment, conditional or speculative fee agreements with solicitors are restricted to a maximum premium of 100 per cent of the normal fee, but it is possible that this limit will be raised in the future. Note, however, that when using a conditional fee arrangement, you are normally still liable for the other side s costs if you lose. Q. How long will it take for a damages action to get all the way through to final judgment and how much will it cost me?
13 12 A. It s true that court actions typically take a few years to reach a conclusion. However, follow-on cases that have been brought in the CAT can be resolved relatively quickly through settlements. Costs vary considerably from one case to the next, but can be managed at the outset through the use of various funding techniques or fee agreements. If successful, your costs are likely to be borne by the defendants. Real-life example: For instance, an action by two customers of members of the Vitamins cartel, BCL and Deans Foods, settled after about a year. Healthcare at Home s action against Genzyme settled after nine months. Q. Is there a time limit within which I need to bring my claim? A. Yes, you re right to have this in mind. In ordinary civil courts the time limit for commencing a claim is six years (England) or five years (Scotland) from the date on which the cause of action accrued. Where there has been deliberate concealment, in a price-fixing cartel for example, the period does not begin to run until the claimant discovers the concealment of the cartel or ought reasonably to, or could with reasonable diligence, discover it. However, this can still cause difficulties for instance, if the participants in the cartel appeal against the authority s decision, that appeal may not be resolved within five/six years. A damages claim before the CAT can be brought up to two years from the later of the date on which the infringement decision, upon which the claim relies, is no longer appealable, or the date on which the action accrued. As many infringement decisions are appealed and can take years to resolve this can mean that there is a delay between an infringement decision and the start of the two-year period within which a follow-on claim may be brought. The CAT can, however, give permission to sue while the decision is still subject to appeal. Such permission was given in one case on the grounds that, if the claim was delayed pending the outcome of the appeals, the defendant who was not itself appealing the infringement decision would have been able to destroy valuable evidence (something that company had a history of doing). When a cartelist appeals against only the level of fine imposed (but not against the infringement decision itself) the time for bringing a damages action will start running two months after the decision is adopted and expire two years after that. So, it is important to work out early on whether the appeal is against the fine only or also against the infringement as this can make a big difference to time limits.
14 13 Summary: routes available depending on your circumstances and preferred options Are you the victim of anti-competitive behaviour? If so, what remedy are you looking for? Damages Is there a previous infringement decision by a relevant competition authority that you can rely on? Yes Follow-on action No Stand alone action Prohibition against continued anti-competitive practice Civil courts Competition defence against another party s action Complaint to the relevant competition authority Civil court (already determined by other party)
15 14 Competition Appeal Tribunal Individual action (s.47a, CA98) Representative action (s.47b, CA98) must be brought by Consumers Association High Court (England & Wales) Sheriff court/court of Session (Scotland) OFT / Ofcom / Ofwat / Ofgem / ORR European Commission (only if practice affects cross-border trade)
16 15 Get in touch Catriona Munro Direct +44 (0) Mobile +44 (0) Michael Dean Direct +44 (0) Mobile +44 (0)
17 Notes 16
18 17 Notes
19 18 Maclay Murray & Spens LLP is a limited liability partnership incorporated in Scotland with registered number SO and having its registered office at 151 St Vincent Street, Glasgow G2 5NJ. Maclay Murray & Spens LLP is a firm of solicitors regulated by the Law Society of Scotland and the Solicitors Regulation Authority. A list of members is available for inspection at the registered office and other offices. IMPORTANT We hope you find the contents of this guide interesting and informative, although you will appreciate that the contents are for general information only. Whilst we believe that the contents are true and accurate at 1 September 2010 and that they reflect EU and UK law, we can give no assurances regarding the accuracy, currency or applicability of any of the contents in relation to specific situations or particular circumstances. As such, the contents should not be relied upon. Please contact us if you have any further queries. Maclay Murray & Spens LLP 2010
20 MMS Smartguides On subjects ranging from understanding city jargon and navigating the London AIM market, to practical guidance on handling a dawn raid from the competition authorities, we ve developed our Smartguides series of booklets to help and support you. We ve been overwhelmed by client interest in them and will continue to expand the series of guides, so please let us know if there is any particular area of law on which you need smart guidance. For further information on our Smartguides please visit: Aberdeen 66 Queens Road AB15 4YE Fax Edinburgh Quartermile One 15 Lauriston Place EH3 9EP Fax Glasgow* 151 St Vincent Street G2 5NJ Fax London One London Wall EC2Y 5AB Fax * From March 2011 we will be moving to: G1 Building 1-7 George Square Glasgow G2 1DY Very Smart People At MMS we believe that delivering an excellent service requires each and every member of our team to be performing at the top of their game all the time, whether they be lawyers or business support staff. In recognition of the importance of this team effort the models you see photographed in our literature and our website are MMS people from a range of disciplines across the firm, not just our partners and not just our lawyers.
Knowledge. Practical guide to competition damages claims in the UK
Knowledge Practical guide to competition damages claims in the UK Practical guide to competition damages claims in the UK Contents Reforms to damages litigation in the UK for infringements of competition
More informationGlobal Guide to Competition Litigation Poland
Global Guide to Competition Litigation Poland 2012 Table of Contents Availability of private enforcement in respect of competition law infringements and jurisdiction... 1 Conduct of proceedings and costs...
More informationPrivate Enforcement The situation in the UK
Private Enforcement The situation in the UK Paolo Palmigiano, solicitor Chairman of the Association of in-house competition lawyers Union Internationale des Avocats London, March 6 2015 Summary Private
More informationGlobal Guide to Competition Litigation Japan
Global Guide to Competition Litigation Japan 2012 Table of Contents Availability of private enforcement in respect of competition law infringement and jurisdiction... 1 Conduct of proceedings and costs...
More informationConditional Fee Arrangements, After the Event Insurance and beyond!
Conditional Fee Arrangements, After the Event Insurance and beyond! CFAs, ATEs, DBAs Let s de-mystify the acronyms! 1. Conditional Fee Arrangements 1.1. What is a Conditional Fee Arrangement A conditional
More informationKnowhow briefs Privilege
Knowhow briefs Privilege Executive summary: A party has an absolute right to withhold a privileged document from production to a third party. It is only necessary to claim privilege in respect of documents
More informationConditional Fee Agreement: What You Need to Know
Conditional Fee Agreement: What You Need to Know This document forms an important part of your agreement with us. Please read it carefully. Definitions of words used in this document and the accompanying
More informationLEGAL GUIDE TO RECOVERING A TRADE DEBT
LEGAL GUIDE TO RECOVERING A TRADE DEBT Howat Avraam Solicitors A: 154 160 FLEET STREET, LONDON, EC4A 2DQ T: 020 7884 9400 E: Matthew.Howat@hasolicitors.co.uk Unpaid invoicing is a fact of life for most
More informationLEGAL AID ADVISORY COMMITTEE REVIEW INTO ESTABLISHING A CONTINGENCY LEGAL AID FUND IN NORTHERN IRELAND
LEGAL AID ADVISORY COMMITTEE REVIEW INTO ESTABLISHING A CONTINGENCY LEGAL AID FUND IN NORTHERN IRELAND WRITTEN SUBMISSIONS OF THE ASSOCIATION OF PERSONAL INJURY LAWYERS 1. The Association of Personal Injury
More informationbriefing Guide to litigation funding
briefing Guide to litigation funding The potential cost of litigation can be a major deterrent to bringing or defending legal proceedings even where there is a good chance of succeeding. Cost can be the
More informationShort Form CFA based on "APIL/PIBA 9" for personal injuries and clinical negligence claims from 1.10.2013
LAMB CHAMBERS SHORT FORM CFA for use BETWEEN SOLICITORS AND COUNSEL on or after 1 October 2013 in personal injuries and clinical negligence claims (This agreement is not suitable for claims for diffuse
More informationClinical Negligence. Investigating Your Claim
www.lees.co.uk Clinical Negligence Investigating Your Claim Lees Solicitors LLP 44/45 Hamilton Square Birkenhead Wirral CH41 5AR Tel: 0151 647 9381 Fax: 0151 649 0124 e-mail: newclaim@lees.co.uk 1 The
More informationClinical Negligence: A guide to making a claim
: A guide to making a claim 2 Our guide to making a clinical negligence claim At Kingsley Napley, our guiding principle is to provide you with a dedicated client service and we aim to make the claims process
More informationGADSBY WICKS SOLICITORS EXPLANATION OF LEGAL TERMS
EXPLANATION OF LEGAL TERMS Affidavit: After the event litigation insurance: Application notice: Bar Council: Barrister: Basic Charges: Before the Event Legal Expenses Insurance: Bill of costs: Bolam test:
More informationCompetition litigation
FINANCIAL INSTITUTIONS ENERGY INFRASTRUCTURE, MINING AND COMMODITIES TRANSPORT TECHNOLOGY AND INNOVATION PHARMACEUTICALS AND LIFE SCIENCES Competition litigation in the UK Class act Competition litigation
More informationHER MAJESTY S COURTS SERVICE (HMCS) Part of the Ministry of Justice (MoJ) CIVIL COURT FEES A RESPONSE BY THE ASSOCIATION OF PERSONAL INJURY LAWYERS
HER MAJESTY S COURTS SERVICE (HMCS) Part of the Ministry of Justice (MoJ) CIVIL COURT FEES A RESPONSE BY THE ASSOCIATION OF PERSONAL INJURY LAWYERS June 2007 The Association of Personal Injury Lawyers
More informationPre-Merger Notification United Kingdom
Pre-Merger Notification United Kingdom Is there a regulatory regime applicable to mergers and similar transactions? The primary legal basis for UK merger control is the Enterprise Act 2002 (the Enterprise
More informationAdvice Note. An overview of civil proceedings in England. Introduction
Advice Note An overview of civil proceedings in England Introduction There is no civil code in England; English civil law comprises of essentially legislation by Parliament and decisions by the courts.
More informationUSING LAWYERS IN HONG KONG
USING LAWYERS IN HONG KONG This Guide deals in general terms with using lawyers in Hong Kong. It aims to help a seafarer understand the legal profession in Hong Kong, and how to select, engage and if need
More informationClinical Negligence. Issue of proceedings through to Trial
Clinical Negligence Issue of proceedings through to Trial Lees Solicitors LLP 44/45 Hamilton Square Birkenhead Wirral CH41 5AR Tel: 0151 647 9381 Fax: 0151 649 0124 e-mail: newclaim@lees.co.uk 1 1 April
More informationMedical Negligence. A client s guide. head and shoulders above the rest in terms of skills, experience and quality. The Legal 500
www.personalinjury.ffw.com Freephone 0800 358 3848 www.personalinjury.ffw.com Freephone 0800 358 3848 Medical Negligence A client s guide head and shoulders above the rest in terms of skills, experience
More informationTEMPLE LITIGATION ADVANTAGE INSURANCE FOR DISBURSEMENTS AND OPPONENT S COSTS Certificate of Insurance
TEMPLE LITIGATION ADVANTAGE INSURANCE FOR DISBURSEMENTS AND OPPONENT S COSTS Certificate of Insurance In return for the payment of the Premium specified in the Schedule and based on any Information that
More informationGUIDE TO FUNDING YOUR MEDICAL NEGLIGENCE CLAIM
GUIDE TO FUNDING YOUR MEDICAL NEGLIGENCE CLAIM Because of the expert knowledge and depth of investigation required in order to bring a successful claim, negligence litigation can be expensive. Understandably,
More informationTHE POSSIBILITIES FOR PRIVATE ENFORCEMENT OF THE COMPETITION RULES IN THE NETHERLANDS
THE POSSIBILITIES FOR PRIVATE ENFORCEMENT OF THE COMPETITION RULES IN THE NETHERLANDS A survey commissioned by the Dutch Ministry of Economic Affairs - EXECUTIVE SUMMARY - Amsterdam, 3 November 2005 Mr.
More informationConditional Fee Agreement: What You Need to Know
Conditional Fee Agreement: What You Need to Know This document forms an important part of your agreement with us. Please read it carefully. Definitions of words used in this document and the accompanying
More informationExecutive summary and overview of the national report for Denmark
Executive summary and overview of the national report for Denmark Section I Summary of findings There is no special legislation concerning damages for breach of EC or national competition law in Denmark,
More informationProvince of Alberta LIMITATIONS ACT. Revised Statutes of Alberta 2000 Chapter L-12. Current as of December 17, 2014. Office Consolidation
Province of Alberta LIMITATIONS ACT Revised Statutes of Alberta 2000 Current as of December 17, 2014 Office Consolidation Published by Alberta Queen s Printer Alberta Queen s Printer 5 th Floor, Park Plaza
More informationDisconnection for arrears
Chapter 8.. Disconnection for arrears This chapter covers: 1. When you can be disconnected for arrears (below) 2. Protection from disconnection (p120) 3. Preventing disconnection (p121) 4. At the point
More informationPinsent Masons. Competition Law Dawn Raid Checklist & Guidelines. What to do in the first hour of a dawn raid
Pinsent Masons Competition Law Dawn Raid Checklist & Guidelines What to do in the first hour of a dawn raid What to do in the first hour of a Competition Dawn Raid Checklist Action Point Done? The Officials
More informationManaging tax disputes: What the non-tax-lawyers need to know
Managing tax disputes: What the non-tax-lawyers need to know So, what is a tax dispute? A difference between HMRC and taxpayers over what is the right amount of tax due or when the tax is due Interpretation
More informationAPIL/PIBA CFA version 9, for personal injuries and clinical negligence claims, from 1.4.13,
SHORT FORM CFA for use BETWEEN SOLICITORS AND COUNSEL on or after 1 April 2013 in personal injuries and clinical negligence claims (This agreement is not suitable for claims for diffuse mesothelioma.)
More informationMedical Negligence. A guide for clients. The team provides a first class service at all levels of experience. The Legal 500
www.ffw.com/personalinjury Freephone 0800 358 3848 www.ffw.com/personalinjury Freephone 0800 358 3848 Medical Negligence A guide for clients The team provides a first class service at all levels of experience.
More informationExpenses and Funding of Civil Litigation Bill Consultation Response by GCC
Expenses and Funding of Civil Litigation Bill Consultation Response by GCC (A) Speculative Fee Agreements: Q1: Do you think that a lack of cap on speculative fee agreements prevents potential pursuers
More informationASSOCIATION OF PERSONAL INJURY LAWYERS SCOTLAND Standard of competence for Litigators
ASSOCIATION OF PERSONAL INJURY LAWYERS SCOTLAND Standard of competence for Litigators INTRODUCTION Standards of occupational competence Standards of occupational competence are widely used in many fields
More informationDepartment of Justice for Northern Ireland Alternative Methods of Funding Money Damages Claims
Department of Justice for Northern Ireland Alternative Methods of Funding Money Damages Claims A response by the Association of Personal Injury Lawyers June 2013 Page 1 of 8 The Association of Personal
More informationAn introduction to European employment law for Japanese companies
Acquisitions issues to expect Employing staff in Europe An introduction to European employment law for Japanese companies For Japanese companies encountering the European employment law system for the
More informationCyber and data Policy wording
Please read the schedule to see whether Breach costs, Cyber business interruption, Hacker damage, Cyber extortion, Privacy protection or Media liability are covered by this section. The General terms and
More informationWill, trust and estate disputes
Will, trust and estate disputes Contents Types of claim Is the Will valid? Inheritance Act Claims Have you not been left sufficient financial provision following the death of a friend or relative? Promissory
More informationlate payment The Late Payment of Commercial Debts (Interest) Act 1998: A User s Guide
late payment The Late Payment of Commercial Debts (Interest) Act 1998: A User s Guide Index Introduction The importance of prompt payment Legal Warning Section 1: Understanding the legislation What is
More informationLitigation schemes and proof of debt schemes: Managing conflicts of interest
REGULATORY GUIDE 248 Litigation schemes and proof of debt schemes: Managing conflicts of interest April 2013 About this guide This guide sets out our approach on how a person who provides a financial service
More informationCOMMENTARY. European Commission Launches E-Commerce Sector Inquiry. What are Sector Inquiries?
MAY 2015 COMMENTARY European Commission Launches E-Commerce Sector Inquiry The European Commission (the Commission ) has launched a sector inquiry of the e-commerce sector in Europe. 1 This is a far-reaching
More informationThe Foundation of the International Association of Defense Counsel SURVEY OF INTERNATIONAL LITIGATION PROCEDURES: A REFERENCE GUIDE
Responses submitted by: Name: Roddy Bourke Law Firm/Company: McCann FitzGerald Location: Dublin, Ireland 1. Would your jurisdiction be described as a common law or civil code jurisdiction? The Republic
More informationManagement liability - Employment practices liability Policy wording
Special definitions for this section Benefits Claim Defence costs The General terms and conditions and the following terms and conditions all apply to this section. Any compensation awarded to an employee
More informationJUDICIAL REVIEW: A QUICK AND EASY GUIDE
Richard Stein Partner Leigh Day & Co Solicitors Priory House 25 St John s Lane London EC1M 4LB T 020 7650 1200 F 020 7253 4433 E fightthecuts@leighday.co.uk www.leighday.co.uk JUDICIAL REVIEW: A QUICK
More informationHeadquarters Army Legal Assistance Catterick Barracks British Forces Post Office 39
Headquarters Army Legal Assistance Catterick Barracks British Forces Post Office 39 Tel Civilian: (0049) (0)521 9254 3191 or 3196 Fax Civilian: (0049) (0)521 9254 3115 Tel Military: 94 8(81) 3191 or 3196
More informationSmall Claims A self help pack:
Small Claims A self help pack: 1 Small Claims A self help pack: An Advisor s story: Alison came to the student advice centre feeling extremely frustrated as she could not get her 250 deposit back from
More informationInternational Product Liability Review
International Product Liability Review Issue 50 Contents Overview 1 Feature Reform of EU product 2 safety laws: important changes on the horizon for those involved in the product supply chain Europe EU
More informationFrequently asked questions about Civil Claim disputes (July 2013)
Frequently asked questions about Civil Claim disputes (July 2013) How do I start an application at VCAT? A party wishing to commence an application about a Civil Claim dispute must file an Application
More informationYou ve Been Sued, Now What? A Roadmap Through An Employment Lawsuit
You ve Been Sued, Now What? A Roadmap Through An Employment Lawsuit California employers facing their first employment lawsuit can be in for a rude awakening. Such lawsuits are a harsh introduction to
More informationQBE European Operations Professional liability
QBE European Operations Professional liability Disclosure of insurance details revisited QBE Professional Liability Disclosure of insurance details revisited/november 2013 1 Disclosure of insurance details
More informationConditional Fee Agreement ( CFA ) [For use in personal injury and clinical negligence cases only].
Disclaimer This model agreement is not a precedent for use with all clients and it will need to be adapted/modified depending on the individual clients circumstances and solicitors business models. In
More informationGuide to litigation costs and funding
Guide to litigation costs and funding Contents Introduction Legal Aid Before the Event Insurance (BTE) Third Party Funding Paying for the claim yourself Alternative Billing Models (ABM) After the Event
More informationRichard Hough Assistant Clerk to the Public Petitions Committee The Scottish Parliament TG.01 Edinburgh EH99 1SP 2 November 2007
Royal Exchange House 100 Queen Street Glasgow G1 3DN Telephone 0141 226 5261 Facsimile 0141 221 0731 Minicom 0141 226 8549 E-mail scc@scotconsumer.org.uk www.scotconsumer.org.uk Douglas Sinclair Chair
More informationCartel Regulation 2006, Spain. Edurne Navarro and Sergio Baches. Uría Menéndez Lawyers
Cartel Regulation 2006, Spain Edurne Navarro and Sergio Baches Uría Menéndez Lawyers Legislation and jurisdiction 1 What is the relevant legislation and who enforces it? The main antitrust statute in Spain
More informationA guide to debt recovery through a county court for small businesses. It could help you decide whether court action is right for you.
EX350 A guide to debt recovery through a county court for small businesses 1. Introduction This leaflet covers the sort of things to bear in mind when considering going to court. You can issue a claim
More informationmaking a personal injury compensation claim
W E L C O M E P A C K making a personal injury compensation claim T H A N K Y O U A N D W E L C O M E Thank you for instructing Colemans-ctts solicitors. We have been helping people claim compensation
More information11 th BALTIC COMPETITION CONFERENCE Emeritus Professor Richard Whish 10 September 2014
11 th BALTIC COMPETITION CONFERENCE Emeritus Professor Richard Whish 10 September 2014 STRUCTURE OF PRESENTATION CARTELS OTHER HORIZONTAL AGREEMENTS VERTICAL AGREEMENTS ABUSE OF DOMINANCE COMMITMENT DECISIONS
More informationAccidents at Work. Everything you need to know
Accidents at Work Everything you need to know Falling from ladders, slipping on a wet floor, lifting a heavy item, cutting yourself on a machine. Even in the 21st Century the workplace is still dangerous
More informationA Respondent s Guide to Employment Tribunal claims
A Respondent s Guide to Employment Tribunal claims Prepared by: LHS Solicitors LLP For further information, please contact: Stuart England Tel: 0845 230 0110 Email: markelhelpline@lhs-solicitors.com A
More informationPCS legal and personal case services Defending members access to justice
Dealing with problems at work Employment Tribunal fees Settlement agreements PCS Personal Injury Compensation scheme Criminal legal expenses insurance Will writing service, conveyancing Medical negligence
More informationCivil Justice Council response to Insurance Task Force interim report. May 2015
Civil Justice Council response to Insurance Task Force interim report May 2015 The CJC welcomes an initiative to combat insurance fraud, which is not always easy to detect, but is a crime, and does lead
More informationAgency Worker Regulations
The Agency Workers Directive is a piece of European legislation which became law on 5th December 2008. All EU member states have 3 years from that date to implement the Directive via their own national
More informationIntroduction to Warranty and Indemnity Insurance 18 October 2012
Introduction to Warranty and Indemnity Insurance 18 October 2012 Mergers & Acquisitions Insurance Group Adrian Furlonge Assistant Vice President Svetlana Soroka Senior Underwriter Introduction Background
More informationGuide to dispute resolution
Guide to dispute resolution Contents Introduction Terminology The aim of this guide Funding Our charges Estimates Expenses Conditional fee arrangements Contingency fee arrangements Insurance Steps prior
More informationEU Competition Law. Article 101 and Article 102. January 2010. Contents
EU Competition Law January 2010 Contents Article 101 The requirements of Article 101(1) Exemptions under Article 101(3) Article 102 Dominant position Abuse of a dominant position Procedural issues Competition
More informationConditional Fee Agreement (CFA)
Conditional Fee Agreement (CFA) This agreement is a binding legal contract between you and your solicitor/s. Before you sign, please read everything carefully. This agreement must be read in conjunction
More informationExpert advice. Practical solutions. Personal service. 1
Debt recovery talk In these uncertain economic times, it is very important that businesses make sure that their credit control is properly organised and enforced. Failure to do this will result in substantial
More informationThe Effect of Product Safety Regulatory Compliance
PRODUCT LIABILITY Product Liability Litigation The Effect of Product Safety Regulatory Compliance By Kenneth Ross Product liability litigation and product safety regulatory activities in the U.S. and elsewhere
More informationA CLIENT GUIDE TO PART 36 - OFFERS TO SETTLE
A CLIENT GUIDE TO PART 36 - OFFERS TO SETTLE Part 36 is a provision in the Civil Procedure Rules ( CPR ) designed to encourage parties to settle disputes without going to trial. Under Part 36, both claimants
More informationThe criminal and civil justice systems in England and Wales
The criminal and civil justice systems in England and Wales Introduction Important differences exist between UK civil and criminal proceedings that have implications for fraud investigations, including
More informationCommon traps people fall into when renting commercial property ( and how to avoid them)
Common traps people fall into when renting commercial property ( and how to avoid them) For most businesses, the renting of a commercial property represents a major financial decision. Whether you are
More informationCartels and Follow on Actions in the Financial Services Sector IBC Conference on Competition Challenges in the Financial Services Sector 2014
Cartels and Follow on Actions in the Financial Services Sector IBC Conference on Competition Challenges in the Financial Services Sector 2014 John Schmidt 12 June 2014 Agenda Where did we get to where
More informationDASDRIVE ULTIMATE LEGAL PROTECTION KEY FACTS BROCHURE. Act quickly after an accident and call us now on
DASDRIVE ULTIMATE LEGAL PROTECTION KEY FACTS BROCHURE Act quickly after an accident and call us now on 0800 783 6066 2 DASDRIVE ULTIMATE If you ve been unfortunate enough to have been involved in a motor
More informationLegal Action / Claiming Compensation in Scotland
Legal Action / Claiming Compensation in Scotland This help sheet explains your legal rights if you have been injured as a result of medical treatment and the steps involved in seeking compensation through
More informationIn order to prove negligence the Claimant must establish the following:
Introduction A wealth of law exists to provide compensation to people who have suffered injuries, both physical and psychological, following an accident. This fact sheet provides a very brief guide to
More informationIN THE COURT OF QUEEN S BENCH OF ALBERTA JUDICIAL DISTRICT OF EDMONTON TANYA LABONTE, JESSE STECHYNSKY AND RHONDA MCPHEE. - and
IN THE COURT OF QUEEN S BENCH OF ALBERTA JUDICIAL DISTRICT OF EDMONTON Action No. 0403-12898 B E T W E E N : TANYA LABONTE, JESSE STECHYNSKY AND RHONDA MCPHEE Plaintiffs - and HER MAJESTY THE QUEEN IN
More informationThird Party Litigation Funding
OVERVIEW Third party litigation funding (TPLF) is the practice where an outside party, with no direct interest in the claim, pays for the cost of a lawsuit in exchange for a portion or percentage of any
More informationPark Home Legal Costs Policy Wording (Including Twin Unit, Leisure Home or Permanently Occupied Static Caravan)
Park Home Legal Costs Policy Wording (Including Twin Unit, Leisure Home or Permanently Occupied Static Caravan) This insurance is administered by Arc Legal Assistance Limited and underwritten by Inter
More informationAsbestos Disease Claims
Asbestos Disease Claims A client s guide Spring 2007 Contents 2. Essential elements for a successful claim 3. What we will do 3. Funding the case 3. Preliminary investigations 4. What happens next? 4.
More informationBar Council response to the Reducing Legal Costs in Clinical Negligence Claims pre-consultation paper
Bar Council response to the Reducing Legal Costs in Clinical Negligence Claims pre-consultation paper 1. This is the response of the General Council of the Bar of England and Wales (the Bar Council) to
More informationNOTICE OF PROPOSED SETTLEMENT
UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY Settlement of: Sullivan, et al. v. DB Investments, Inc., et al., Civil Action Index No. 04-2819 This document relates to: Anco Industrial Diamond Corp.,
More informationPERSONAL INJURIES BAR ASSOCIATION STANDARD TERMS AND CONDITIONS TREATED AS ANNEXED TO THE CONDITIONAL FEE AGREEMENT BETWEEN SOLICITOR AND COUNSEL
PERSONAL INJURIES BAR ASSOCIATION STANDARD TERMS AND CONDITIONS TREATED AS ANNEXED TO THE CONDITIONAL FEE AGREEMENT BETWEEN SOLICITOR AND COUNSEL FOR USE AFTER 31 JANUARY 2013 PLEASE NOTE: THESE TERMS
More informationContents COLLINGBOURNE HENNAHLAW. A GUIDE TO Clinical Negligence
A GUIDE TO Clinical Negligence A GUIDE TO Clinical Negligence The aim of this booklet is to provide some assistance in the field of clinical negligence. Contents 02 Introduction 03 Clinical Negligence
More informationWhy use ADR? Pros & cons
Why use ADR? Pros & cons Thinking about ADR? This leaflet is for you if you ve heard about alternative dispute resolution (ADR) and are wondering whether to use it to try and resolve a dispute. It will
More informationCOST AND FEE ALLOCATION IN CIVIL PROCEDURE
International Academy of Comparative Law 18th World Congress Washington D.C. July 21-31, 2010 Topic II.C.1 COST AND FEE ALLOCATION IN CIVIL PROCEDURE National Reporter - Slovenia: Nina Betetto Supreme
More informationMotor Legal Expenses Insurance
Motor Legal Expenses Insurance Motor Legal Expenses Insurance Policy Document Certificate of Insurance This insurance is underwritten by Inter Partner Assistance SA and managed on their behalf by Arc Legal
More informationVarying a contract of employment
Varying a contract of employment We inform, advise, train and work with you Every year Acas helps employers and employees from thousands of workplaces. That means we keep right up-to-date with today s
More informationAbusive Behaviour and Sexual Harm (Scotland) Bill [AS AMENDED AT STAGE 2]
Abusive Behaviour and Sexual Harm (Scotland) Bill [AS AMENDED AT STAGE 2] Section CONTENTS PART 1 ABUSIVE BEHAVIOUR Abusive behaviour towards partner or ex-partner 1 Aggravation of offence where abuse
More informationDon t leave money on the table
Don t leave money on the table European institutional investors have paid little attention to securities class actions as a way of recovering investment value. Such inaction is costing them dear, warn
More informationPre-Action Protocol for Disease and Illness Claims
Pre-Action Protocol for Disease and Illness Claims PROTOCOLS Contents 1 Introduction 2 Notes of guidance 2A ALTERNATIVE DISPUTE RESOLUTION 3 The aims of the protocol 4 The protocol 5 Communication 6 Letter
More informationThe Rangers Community Share Issue
The Rangers Community Share Issue Intro We are asking people to invest in a fund which has the sole purpose of acquiring a significant stake in the Club. Why We believe that the Club is best owned democratically
More informationThe Scottish Investment Trust PLC
The Scottish Investment Trust PLC INVESTOR DISCLOSURE DOCUMENT This document is issued by SIT Savings Limited (the Manager ) as alternative investment fund manager for The Scottish Investment Trust PLC
More informationProvisions, Contingent Liabilities and Contingent Assets
559 Accounting Standard (AS) 29 Provisions, Contingent Liabilities and Contingent Assets Contents OBJECTIVE SCOPE Paragraphs 1-9 DEFINITIONS 10-13 RECOGNITION 14-34 Provisions 14-25 Present Obligation
More informationDebt collection guidance
Debt collection guidance Final guidance on unfair business practices July 2003 (updated December 2006) OFT664 Further copies Further copies of this report can be downloaded from our website at www.oft.gov.uk
More informationDuties of the directors of companies in financial difficulties. slaughter and may. October 2010
Duties of the directors of companies in financial difficulties slaughter and may October 2010 Contents 1. Introduction 01 2. Overview 01 3. Practical guidance 02 4. Common law, statutory and regulatory
More informationYour Motor Legal Protection Insurance Policy Wording
Your Motor Legal Protection Insurance Policy Wording www.debenhamscarinsurance.co.uk Contents Your Motor Legal Protection Insurance Policy Wording... 3 General Exceptions... 10 2 Your Motor Legal Protection
More informationmaking a road traffic accident claim
W E L C O M E P A C K making a road traffic accident claim T H A N K Y O U A N D W E L C O M E Thank you for instructing Colemans-ctts solicitors. We have been helping people claim compensation for over
More information09/07/2014. Enterprise and Regulatory Reform Act 2 25 th June 2013. Enterprise and Regulatory Reform Act 7 29 th July 2013
Settlement agreements and unfair dismissal Liz Stephenson Enterprise and Regulatory Reform Act 2 25 th June 2013 Section 13 provides that the qualifying period to claim unfair dismissal does not apply
More informationReverse Payment Patent Settlements in Europe. John Schmidt, Shepherd and Wedderburn LLP
Reverse Payment Patent Settlements in Europe John Schmidt, Shepherd and Wedderburn LLP ABA Business Law Section Antitrust Committee Programme San Francisco APRIL 17 2015 What s the issue? Consider the
More information