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05 September 2013 / Peter Stevens
Issue: 7574 / Categories: Features
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Power to the people

Peter Stevens outlines the proposals to enhance collective redress mechanisms

The Consumer Rights Bill is a major piece of legislation, consolidating and updating swathes of consumer protection legislation in the UK. When the Bill was published on 12 June 2013, most of it came as little surprise, as it has already been extensively trailed in consultation papers and draft clauses. However, tucked away at the end, s 82 reads quite simply, “Schedule 7 (private actions in competition law) has effect”.

This is nothing to do with the Consumer Rights Directive, which the rest of the Bill is designed to implement, but has been on a separate agenda for some time. The Office of Fair Trading (OFT) published recommendations in this area in November 2007 and the European Commission’s Green Paper in November 2008 canvassed opinions on a number of options for harmonising the collective redress mechanisms across the EU. The UK government launched its own consultation paper in April 2012 and, in January 2013, announced its intention to legislate. Meanwhile, the European Commission’s draft directive on antitrust damages actions was finally published on 11 June

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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