Success fee cap to go?

The Office of Fair Trading has recommended that courts hearing competition cases should have discretionary powers to cap costs and to allow solicitors to charge more than a 100% uplift on success fees. It is concerned that many potential applications to enforce competition law in the UK are deterred because it is expected the costs will outweigh the benefits. The report also suggests that where a representative action is brought by a body, all consumers should be included in the class action unless they opt out.