A claim has been launched in the UK’s specialist competition court by Justin Gutmann, formerly of Citizens Advice, on behalf of millions of passengers who have paid twice for part of their journeys on Southeastern and South Western routes.
London, February 27th, 2019
A claim on behalf of millions of rail passengers has been filed in the Competition Appeal Tribunal against the operators of the South Western and Southeastern rail franchises.
First MTR South Western Trains, Stagecoach South Western Trains and London & South Eastern Railway are alleged to have not made “boundary” fares readily available for Travelcard holders to purchase, nor making passengers aware of their existence. The rail companies’ failures have left customers with little option but to buy a higher fare than they would have needed because their Travelcard already entitled them to travel for part of their journey.
Boundary fares allow passengers who own a Travelcard to travel beyond the zones covered by their Travelcard without doubling up on payment. Independent research has shown that boundary fares are not readily available through online platforms or over the telephone from South Western or Southeastern and are rarely offered at ticket counters unless expressly requested by passengers. This imposition of an unfair price for fares is an abuse of the companies’ dominant position and in breach of UK and EU competition laws.
The opt-out collective action is being led by Justin Gutmann, an experienced campaigner on both consumer issues and the transport sector.
Gutmann said:
“Passengers in London already pay a lot of money for trains that are often delayed or not even running. Now following extensive research, we have found that some passengers are paying twice for parts of their rail journeys.
We are launching this legal action to ensure that the money that South Western and Southeastern have made from this is returned to those train users.
Millions of rail passengers could be eligible for compensation. Let’s put this right and stop train companies taking passengers for a ride.”
Who is eligible?
Passengers who owned a Travelcard at any time from 1 October 2015 and also purchased a rail fare from a station within the zones of their Travelcard to a destination outside of those zones may be eligible for compensation. Millions of passengers are thought to be affected.
Dorothea Antzoulatos, Director of Charles Lyndon, said “Charles Lyndon has worked extensively with Mr Gutmann to develop this case which seeks to recover compensation for millions of rail passengers who have overpaid as a result of what we believe is the behaviour of the defendants. We are delighted to be working together with Hausfeld & Co to represent Mr Gutmann in what will be the first stand-alone collective action in this country. A case such as this would not have been practicable before the introduction of the Consumer Rights Act 2015 and we hope that as a result of this action millions of rail passengers will be able to recover the compensation that is due to them.”
Anthony Maton, Managing Partner at Hausfeld & Co LLP said: “This claim is about rail passengers being able to recover what is rightfully due to them. This is only the fifth collective action in the Competition Appeal Tribunal and the first brought without the benefit of an underlying regulatory decision. We’re very pleased to be co-counsel for Mr Gutmann on this ground-breaking case.”
Will there be any cost be for class members?
There is no cost for class members. This action is being funded by Woodsford Litigation Funding, a specialist litigation funder. By absorbing both the costs and risks associated with a claim of this size, Woodsford is enabling the claim to be brought and ensuring that as many rail passengers as possible benefit from this legal action.
Woodsford’s Chief Investment Officer, Charlie Morris, stated: “Third party funding facilitates access to justice and is an integral part of bringing collective actions such as this boundary fares claim. Woodsford is looking forward to helping millions of rail passengers achieve the compensation they are entitled to."
What next?
The Tribunal will now determine whether or not Mr Gutmann’s claim is allowed to proceed. If the claim is permitted to go forward then those affected will not have to pay any legal fees, nor contact lawyers.
Affected passengers who live in the UK will be automatically included in the claim although they can choose to opt-out in due course. Affected passengers who do not live in the UK will also be eligible to join the claim but must proactively opt-in. As the case progresses, we will provide more detail as to what rail users will be required to do to either opt-in, or opt-out.
Anyone who would like to receive further information about the claim, can visit the claim website, BoundaryFares.com, to sign up for updates.
Further information
The claim’s website and social media channels are available from the day of launch, at BoundaryFares.com where affected passengers can sign up to receive further information on the legal proceedings.
Justin Gutmann represents the passengers bringing this legal case against South Western and Southeastern. He is aiming to ensure that the train companies have to pay back the money which they earned from passengers paying twice for part of their journeys. This is estimated to be in the region of £93 million.
Mr Gutmann has a wealth of experience working in the consumer rights sphere and he has strong expertise in the transport sector. He has spent a large part of his professional life dedicated to consumer welfare, public policy and market research.
Mr Gutmann’s final job prior to retirement was as Head of Research and Insight at Citizens Advice.
Mr Gutmann also spent eight years working for London Underground as a Market Planning Manager.
Justin Gutmann is represented by Charles Lyndon and Hausfeld & Co LLP.
Vannin Capital, the global expert in legal finance, has today announced that Rosie Ioannou has been appointed as UK Regional Managing Director.
Rosie joined Vannin in 2014 as a Managing Director and has since been a driving force behind its growth and development, as well as the evolution of the litigation funding industry in the UK and around the globe. In her new role, she will have overall responsibility for Vannin’s UK business, leading the team of UK Managing Directors. Her appointment underscores Vannin’s ambitious growth objectives for the years ahead, and the role that the UK litigation market will play in realising those ambitions.
Highly regarded for her experience in funding claims in areas such as insolvency, competition and UK group actions, Rosie has been recognised as a Leading Individual in the UK for her work by Chambers & Partners. Prior to joining the Vannin team, she worked for magic circle law firm Allen & Overy.
Commenting on the announcement, Vannin Capital CEO Richard Hextall said: “Rosie has been fundamental to Vannin’s growth since joining the team in 2014, and her breadth of experience and reputation in the market is second to none. She is a natural choice to lead the UK team to the next stage of its growth, as we look to capitalise on the developing market in the UK and internationally.”
Rosie Ioannou said: “This is a really exciting time for Vannin as the London market for litigation funding continues to grow. The business is very well positioned to continue to diversify its portfolio and capitalise on the myriad opportunities that exist. I look forward to tackling this new challenge and helping to lead our talented UK team into the future.”
About Vannin Capital
Established in 2010, Vannin Capital is a global expert in the provision of funding to support individuals, corporate clients and law firms in the successful resolution of high-value litigation and arbitration claims.
From single case funding to portfolio finance, we offer creative capital solutions that are tailored to our clients’ needs. Our global team of legal and financial experts cover the key commercial litigation and arbitration centres from our offices in London, Jersey, Paris, Bonn, New York, Washington, Sydney and Melbourne. More than just capital, we combine global experience with local knowledge to deliver a high standard of service and expertise to our clients around the world.
A major player in the legal finance market, we are a member of the Association of Litigation Funders of England and Wales (ALF), conducting our business to a high standard in line with its code of conduct.
TopConsumerReviews.com recently awarded their highest five-star rating to Prime Case Funding, an industry leader in lawsuit funding companies.
Lawsuit funding companies help people with pending lawsuits to access funds prior to the settlement of the case. In other words, these services extend a no-risk loan based on the assumption that their client will win their case. When the case is decided in the client’s favor, the loan is repaid from the proceeds of the lawsuit, plus a predetermined amount of interest. On the other hand, if the client loses the case, there is no obligation to repay the loan.
The deciding factor in securing this time of lending is, naturally, the likelihood of the client eventually winning the case. For that reason, the process typically involves discussions with the attorneys representing both the plaintiff and the defendant, collection of court documents, and so forth. There are a number of trustworthy lawsuit funding services that can help clients get the cash they need now, while waiting for the lawsuit to be concluded.
“Prime Case Funding is the nation’s best source of lawsuit funding,” according to Brian Dolezal of TopConsumerReviews.com, LLC. “As an accredited, “A+” rated company with the Better Business Bureau, PCF can be trusted to handle applications quickly and accurately. They can fund loans from $500 to $1,000,000 and more, on cases ranging from personal injury to false imprisonment. Customers particularly appreciate PCF’s lightning-fast turnaround time on loans, with some receiving payouts in as little as one business day. Because of their ironclad reputation, reasonable pricing, and excellent customer service, Prime Case Funding is our highest-ranked provider of Lawsuit Funding in 2019.”
To find out more about Prime Case Funding and other Lawsuit Funding companies, including reviews and comparison rankings, please visit the Lawsuit Funding category of TopConsumerReviews.com at https://www.topconsumerreviews.com/lawsuit-funding/.
About Prime Case Funding Prime Case Funding is a national full service legal funding firm serving both attorneys and their clients. They work to understand your situation and strive to tailor a financial solution that will meet your specific needs. Litigation financing can reduce financial stress and hardship that results from being in a lawsuit. Prime Case Funding’s service can empower you to “win the waiting game” and get the settlement you deserve.
About TopConsumerReviews.com TopConsumerReviews.com, LLC is a leading provider of reviews and rankings for thousands of consumer products and services. From Lawsuit Funding to Personal Loans and Debt Relief, TopConsumerReviews.com delivers in-depth product evaluations in order to make purchasing decisions easier.
Vannin Capital Managing Director, Michael German, had this to say: "The proposed Act is another example of special interest groups using their reach in Washington to implement legislation that goes well beyond the issue they purport to address. Vannin has been a vocal proponent of disclosure of (i) the fact that a litigant is funded and (ii) the identity of the funder. Any disclosure in excess of these facts is an overreach that does far more than solve the potential conflicts raised by Senator Grassley and his counterparts. Instead, the proposed Act would unfairly permit defendants facing legitimate lawsuits to gain an improper advantage, and force the parties and the courts into an irrelevant sideshow regarding funding terms."
The bill's reintroduction comes on the heels of the shock letter issued by GCs and senior litigators from 30 companies, asking the Advisory Committee on Civil Rules to mandate disclosure of all funding agreements in civil actions. Companies like Microsoft, General Electric, AT&T and Home Depot were all signatories of the letter.- Joshua Collins, Chief Investment Officer of Attorney Capital Funding, on why his company is currently experiencing such massive growth.
Since its inception in late 2005, Attorney Capital Funding (in conjunction with the Xpress Capital Group family of companies) has procured $160MM in financing for over 11,000 customers. The company generates opportunities for small and large law firms, as well as solo attorneys who can’t seek out traditional financing via a bank or credit union. Some have been declined by their banks, and others simply need a way to obtain financing without tapping their personal credit profile. We empower these attorneys by allowing them to collateralize their portfolios based on future valuation, instead of limiting them by their historical income. In short, we care more about where you’re going than where you’ve been. Question: “How is a bank better than you guys?” Clearly, banks charge less than a family office, hedge fund or other private equity group would. So, I always tell attorneys that if they can get approved by their banks, ‘OF COURSE, don’t use us or any alternative finance vehicle.’ We do not and never will attempt to compete with banks. They are good at what they do. Banks offer a small percentage of applicants less funding than what they request; but it costs less to use a bank than alternative financing. However, if you can get approval for traditional financing, don’t use any of us in this space. Question: “Who benefits the most from your funding?” Most attorneys report that they can see $7 or $8 back for every dollar invested in advertising. Attorneys who understand advertising/marketing should take advantage of our funding solutions. So, even though our funding costs more than that of a bank, at the end of the day it’s worth it because a) attorneys are going to write off their cost, and b) attorneys are receiving back a multiple of what they are investing. Also, an attorney who wants to expand his or her practice can benefit from investing in new staff members, or by opening a new location in order to handle more new business. Question: “How are your funding solutions better than those of a bank?” Our intimate knowledge of the Legal Services industry allows us to base our client’s funding size on our future valuation of their portfolio, in contrast to banks that use past performance. Legal Services is an asymmetric industry – revenue is not realized consistently. So when attorneys need to raise funds, it can benefit them to leverage the future valuation of their pipeline of cases, which can be substantially larger than past performance. We also allow attorneys to pledge some or all of their cases, so in the event they don’t prevail in a single matter, they have the assurance that they have multiple opportunities to make good on their commitments. Question: “How does the process work, and how long does it take to get approved?” The first step is to take 3-5 minutes and complete the Due Diligence Questionnaire (or “application”) at AttorneyCapitalFunding.com. The 2nd step is to complete our NDA. After the NDA has been fully-executed, we hold a brief introductory call in order to get to know you and your firm better. The final step is to go over any last-minute supporting documents before closing and initiating the wire transfer. After a client submits an application (Due Diligence Questionnaire, which takes 5-10 minutes to complete) and the NDA (which takes 1-3 minutes to complete), underwriting typically takes 3-4 business days. After approval, it takes just 1-2 business days to release the wire, dependent upon the time the law firm sends in their final, signed documents. Need New Portfolio Investment Opportunities? If you are an investment firm seeking investment opportunities regarding our client's portfolios, we would love to partner with you! In order to discuss working with us, please send an email to investmentopps@attorneycapitalfunding.com. We look forward to meeting you all. If you require any additional information, you may call Attorney Capital Funding at 877.927.4448. Additionally, you may text or call either of the contacts listed below, and either Joshua or Michael will be happy to discuss your funding options. Joshua Collins Chief Investment Officer jcollins@attorneycapitalfunding.com Cell: 850.485.0599 Michael Kellison Chief Personal Assistant mkellison@attorneycapitalfunding.com Cell: 727.225.4480 Attorney Capital Funding 13801 N. Florida Avenue Suite C Tampa, FL 33613 877.927.4448Vannin Capital, the global expert in legal finance, has today announced the appointment of Steven Taylor as a Managing Director in its Sydney office.
Steven joins Vannin from one of the pioneer companies of the global litigation funding industry, where he worked as a Litigation Manager responsible for managing funded claims to a resolution – work which entailed reviewing funding applications and negotiating funding agreements.
In addition to his expertise in legal finance, Steven holds extensive knowledge of the Australian corporate and commercial litigation landscape from his time spent as an Associate at Piper Alderman and Senior Associate at Squire Patton Boggs, where he was involved in several high-profile insolvency and class action cases, including claims against Lehman Brothers Australia Limited, on behalf of noteholders of the Octaviar Group and acting for applicants and group members in City of Swan & Ors v McGraw Hill Companies Inc in respect of alleged misrepresentations made by ratings agency, Standard & Poor’s.
Steven’s appointment marks the fifth senior addition to Vannin’s Australian team since its establishment in 2015. He joins a strong team of legal finance experts, including Regional Managing Director Patrick Coope – a former insolvency litigator who had established Australia’s first professional litigation funder in 1998 – as well as Tom McDonald, Pip Murphy and Adam Silverman who all joined as Managing Directors.
Commenting on the announcement, Vannin Capital CEO Richard Hextall said: “Steven’s appointment marks yet another step forward for Vannin’s growth in the Australian market. His impressive range of experience in litigation and legal finance means that he is ideally suited to playing an important role in helping to further develop our already first-class offering. We look forward to welcoming him to the team.”
Steven Taylor said: “The growth of the Australian litigation finance market in recent years has been remarkable, and Vannin’s impressive portfolio underscore its ambitions for growth in the region. I am excited to be joining a world-class team and to help the business continue on an upward trajectory.”
About Vannin Capital
Established in 2010, Vannin Capital is a global expert in the provision of funding to support individuals, corporate clients and law firms in the successful resolution of high-value litigation and arbitration claims.
From single case funding to portfolio finance, we offer creative capital solutions that are tailored to our clients’ needs. Our global team of legal and financial experts cover the key commercial litigation and arbitration centres from our offices in London, Jersey, Paris, Bonn, New York, Washington, Sydney and Melbourne.
More than just capital, we combine global experience with local knowledge to deliver a high standard of service and expertise to our clients around the world. A major player in the legal finance market, we are a member of the Association of Litigation Funders of England and Wales (ALF), conducting our business to a high standard in line with its code of conduct.
Vannin Capital Holdings Limited Registered in Jersey No. 121561
Registered Office Address:
13-14 Esplanade, St Helier Jersey, JE1 1BD
Melbourne/ Jersey, 30 January 2019. Therium Capital Management, a leading global provider of litigation finance, announced today that Louise Hird has been appointed to the firm as an investment manager. Louise joins Therium from the Australian Competition and Consumer Commission (ACCC), where she was a director leading investigations focused on consumer and competition law. Founded in 2009, Therium is one of the largest and most established litigation financing firms in the world. The firm has funded claims valued at $36 billion.
Therium Capital Management Australia Pty Ltd is headquartered in Melbourne and is led by Simon Dluzniak, who has worked in the funding industry in Australia and the UK since 2003.
Therium has funded claims in Australia since 2011 and is currently funding high profile shareholder class actions against the Commonwealth Bank of Australia Ltd and Spotless Group Holdings Ltd, as well as delivery management software company GetSwift Ltd. Therium Capital Management Australia will continue to finance class actions and general commercial, insolvency and arbitration claims. The firm will also seek to develop the country’s emerging corporate funding and portfolio funding markets, as well as investigate the funding of arbitration claims in Hong Kong and Singapore, both of which are emerging markets for litigation finance.
Simon Dluzniak, Head of Therium Capital Management Australia, said: “We are very excited about launching our office in Melbourne and delighted that Louise has joined the team. Her competition experience will be invaluable as we continue to deliver innovative funding solutions for our clients. Whilst our business has been very successful in Australia for some time and we are funding some major cases, having a team on the ground ensures that we are closer to our clients, and better positioned to capitalise on market opportunities in Australia and the Asia-Pacific region more broadly.”
Louise Hird, Investment Manager at Therium Capital Management Australia, said: “I have known of Therium for many years and have been hugely impressed. The team has tremendous experience in funding highly complex, often cross border cases, both claimant and defendant side, and has been at the forefront of developing the industry globally. I am very excited to join the firm and look forward to building the business further in Australia and the wider region, as well as working with our international teams to leverage Australia’s long standing experience of funding.”
Prior to joining Therium, Simon spent 12 years with another international funder, leading on cases in Australia and the UK. He has significant funding experience, particularly in relation to class action and insolvency litigation, having managed a number of high-profile funded cases in both jurisdictions. Previously, Simon worked with corporate regulators in Australia and the UK, and at Ernst & Young. He graduated from La Trobe University with degrees in Arts (BA) and Law (LLB) in 1997.
At the ACCC, Louise led a wide variety of investigations into misconduct in various industries. She has advised at a high level on enforcement strategy and case formulation in complex matters, and managed proceedings in the Federal Court of Australia. Louise has a Bachelor of Arts from the University of Melbourne and a Master of Laws (Juris Doctor) from Monash University.
Therium has operations across Europe, including in the UK, Germany, Italy, Spain and Scandinavia, and in the US. Therium was the first commercial litigation funder to have operations on the ground in Germany and Scandinavia and it was the first European firm to launch a full service business in the US.
Litigation funding allows individuals and companies to take on litigation and arbitration cases that they might not otherwise be able to afford, and/or to hedge the costs and risks involved in such matters. Therium pays for all of the costs, including adverse costs in the event that the case is lost, and only receives payment if the case is won.
Therium Capital Management Australia Pty Ltd is located at: Level 3, 257 Collins Street, Melbourne VIC 3000. Telephone: +61 (0)3 8375 9641.
About Therium
Founded in 2009, Therium is a leading global litigation financing firm with a market-leading track record of generating superior returns for its investors. The firm works across all forms of commercial litigation and arbitration and invests in a broad range of complex commercial disputes, from securities and shareholder actions, international arbitration, competition and antitrust cases, through to intellectual property, insolvency and class actions. In February 2018, Therium announced its latest fund of £200 million, which the company is now actively deploying, and Therium has now raised nearly $800 million since its foundation. To date, the firm globally has funded claims valued at $36 billion. Therium has consistently been at the forefront of innovation in litigation finance, pioneering the combined use of insurance tools alongside funding vehicles, and introducing portfolio funding products into the UK.
The firm’s ability to develop innovative funding arrangements and bespoke financial solutions for litigants and law firms complements its unmatched experience and rigorous approach to funding a wide range of commercial disputes throughout the world. In Chambers and Partners’ inaugural litigation support directory this year, Therium was ranked as a Tier 1 litigation funder. Therium is a founder member of the Association of Litigation Funders of England and Wales.
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