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19 Funding and Costs

Mark Brealey, Kyla George

From: Competition Litigation: UK Practice and Procedure (2nd Edition)

Edited By: Mark Brealey QC, Kyla George

From: Oxford Competition Law (http://oxcat.ouplaw.com). (c) Oxford University Press, 2022. All Rights Reserved.date: 08 August 2022

Appeals — Damages — Judicial remedies

This chapter deals with the funding of competition litigation and the rules and principles that govern the recoverability of costs in competition cases. It first considers the different types of funding a competition case, namely ‘after the event insurance’ (ATE), conditional fee arrangements (CFAs), and damages-based agreements (DBAs). It then examines funding for collective actions in the High Court and in the Competition Appeal Tribunal (CAT), voluntary redress schemes, and how competition litigation costs are controlled and assessed in the High Court and in the CAT. Cost orders against non-parties are also discussed, before the chapter concludes with an analysis of offers to settle in the High Court and in the CAT.

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