The Role Of The Court In Collective Redress Litigation Comparative Report
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The Role Of The Court In Collective Redress Litigation Comparative Report
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Author : Élodie Falla
language : en
Publisher: Primento
Release Date : 2014-03-18
The Role Of The Court In Collective Redress Litigation Comparative Report written by Élodie Falla and has been published by Primento this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-03-18 with Law categories.
The key question facing European policy-makers is how to enable collective redress proceedings without producing the undesirable consequences that are associated with the U.S. class action model. How is it possible to find the balance between providing compensation for legitimate claims and preventing unmeritorious claims? If the system encourages the vast majority of claims to be settled, how can it avoid the ‘blackmail effect’, which means it will be cheaper for defendants to settle unmeritorious claims than to fight them? How is it possible to avoid excessive transactional costs? etc. In this report, it is considered that one of the of the important safeguards against the abuses of the U.S. class action system could be the active role of the court in collective redress litigation. Research is needed to see what concrete judicial powers are the most important in that respect. This report tries to achieve this challenge. The first part of the report consists in a comparative analysis of national rules and case law in six Member States (United Kingdom (England & Wales), Germany, Italy, Portugal, Spain and Sweden) to identify which powers of the court in a collective redress trial ensure fair proceedings for both parties and act as safeguards against potential abuses of the system. Cases have been selected to illustrate the issues that arise and some of the creative solutions that have been applied so far by the courts at each stage of a collective redress procedure. The second part of this report aims at looking ahead to ways in which recommendations for an optimal balanced framework for a European collective redress mechanism would be formulated. The result of the case analyses set out in this report attempts to demonstrate whether the European Union might be able to introduce an attractive approach towards collective redress which builds on previous knowledge by fusing different national approaches and provides benefits to consumers, competitors and the economy, without harmful risks.
Extraterritoriality And Collective Redress
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Author : Duncan Fairgrieve
language : en
Publisher: OUP Oxford
Release Date : 2012-09-27
Extraterritoriality And Collective Redress written by Duncan Fairgrieve and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-09-27 with Law categories.
An expert analysis of the relevant law and jurisprudence in mass litigation, this edited work examines the diverse and complex transnational considerations and issues of collective redress. With contributions from distinguished and authoritative commentators on this topic, the coverage is broad, thorough, and practically focused. The book offers new perspectives on the challenges of collective redress as it innovatively combines a comparative and cross border approach. Organized clearly into sections, it provides in-depth comment on these challenges from a national, European, and global perspective. With detailed analysis of the relevant law and jurisprudence in this area offering a significant practical impact, this book also examines possible solutions to the challenges identified, covering important topics and issues within collective redress mechanisms; the private international law perspective on collective redress; reception of foreign collective redress; and extraterritoriality and US law. Including contributions from the jurisdictions most relevant to these conflict of laws issues, this book unites global expertise to provide information on a complex topic and offer a solution-based approach to the collective redress landscape.
Collective Actions In Europe
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Author : Csongor István Nagy
language : en
Publisher: Springer Nature
Release Date : 2019-08-19
Collective Actions In Europe written by Csongor István Nagy and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-08-19 with Law categories.
This open access book offers an analytical presentation of how Europe has created its own version of collective actions. In the last three decades, Europe has seen a remarkable proliferation of collective action legislation, making class actions the most successful export product of the American legal scholarship. While its spread has been surrounded by distrust and suspiciousness, today more than half of the EU Member States have introduced collective actions for damages and from those who did, more than half chose, to some extent, the opt-out system.This book demonstrates why collective actions have been felt needed from the perspective of access to justice and effectiveness of law, the European debate and the deep layers of the European reaction and resistance, revealing how the Copernican turn of class actions questions the fundamentals of the European thinking about market and public interest. Using a transsystemic presentation of the European national models, it analyzes the way collective actions were accommodated with the European regulatory environment, the novel and peculiar regulatory questions they had to address and how and why they work differently on this side of the Atlantic.
Class Actions In Europe
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Author : Alan Uzelac
language : en
Publisher: Springer Nature
Release Date : 2021-06-23
Class Actions In Europe written by Alan Uzelac and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-06-23 with Law categories.
Not so long ago, class actions were considered to be a textbook example of American exceptionalism; many of their main features were assumed to be incompatible with the culture of the civil law world. However, the tide is changing; while there are now trends in the USA toward limiting or excluding class actions, notorious cases like Dieselgate are moving more and more European jurisdictions to extend the reach of their judicial collective redress mechanisms. For many new fans of class actions, collective redress has become a Holy Grail of sorts, a miraculous tool that will rejuvenate national systems of civil justice and grant them unprecedented power. Still, while the introduction of various forms of representative action has virtually become a fashion, it is anything but certain that attempting to transplant American-style class action will be successful. European judicial structures and legal culture(s) are fundamentally different, which poses a considerable challenge. This book investigates whether class actions in Europe are indeed a Holy Grail or just another wrong turn in the continuing pursuit of just and effective means of protecting the rights of citizens and businesses. It presents both positive and critical perspectives, supplemented by case studies on the latest collectivization trends in Europe’s national civil justice systems. The book also shares the experiences of some non-European jurisdictions that have developed promising hybrid forms of collective redress, such as Canada, Brazil, China, and South Africa. In closing, a selection of topical international cases that raise interesting issues regarding the effectiveness of class actions in an international context are studied and discussed.
Collective And Mass Litigation In Europe
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Author : Astrid Stadler
language : en
Publisher: Edward Elgar Publishing
Release Date : 2020-11-27
Collective And Mass Litigation In Europe written by Astrid Stadler and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-11-27 with Law categories.
Written by leading authorities in the field of European civil procedure and collective redress, this timely book explores the model collective proceedings rules in the ELI/UNDROIT European Rules of Civil Procedure. It explains the intended application of this ‘best practice’ set of collective redress rules, intended to promote greater consistency in civil and commercial court procedure across Europe, linking to existing European practice and initiatives in the field.
European Rules Of Civil Procedure
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Author : Astrid Stadler
language : en
Publisher: Edward Elgar Publishing
Release Date : 2023-11-03
European Rules Of Civil Procedure written by Astrid Stadler and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-11-03 with Law categories.
European Rules of Civil Procedure sets out a clear examination of the rules adopted by UNDROIT and the European Law Institute in 2020. Presented within a systematic structure to aid enhanced academic understanding, it precisely showcases the substantial comparative knowledge of its authors.
Research Handbook On Private Enforcement Of Competition Law In The Eu
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Author : Barry J. Rodger
language : en
Publisher: Edward Elgar Publishing
Release Date : 2023-02-14
Research Handbook On Private Enforcement Of Competition Law In The Eu written by Barry J. Rodger and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-02-14 with Law categories.
The Research Handbook on Private Enforcement of Competition Law in the EU provides wide-ranging coverage of a key aspect of competition law enforcement which is undergoing constant and rapid growth in significance. The Handbook examines the private enforcement of competition law across the EU and beyond, shedding light on pertinent and underlying issues.
Review Of Civil Litigation Costs
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Author : Great Britain. Ministry of Justice
language : en
Publisher: The Stationery Office
Release Date : 2010
Review Of Civil Litigation Costs written by Great Britain. Ministry of Justice and has been published by The Stationery Office this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Law categories.
In January 2009, the then Master of the Rolls, Sir Anthony Clarke, appointed Lord Justice Jackson to lead a fundamental review of the rules and principles governing the costs of civil litigation. This report intends to establish how the costs rules operate and how they impact on the behavior of both parties and lawyers.
Jurisdiction And Cross Border Collective Redress
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Author : Alexia Pato
language : en
Publisher: Bloomsbury Publishing
Release Date : 2019-07-11
Jurisdiction And Cross Border Collective Redress written by Alexia Pato and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-07-11 with Law categories.
In recent decades, the rise in cross-border law violations has harmed numerous victims around the globe. The damages are often dispersed and low-level. As a result, the private enforcement gap has deepened and collective redress represents an interesting procedural instrument that is able to provide effective access to justice. This book analyses thoroughly the dominant collective redress models adopted in the EU. Data from 13 Member States has been catalogued and categorised. The research mainly focuses on the consumer law field but frequent references to financial and data protection-related cases are made. The dominant collective redress models are then studied from a private international law perspective. In particular, the book highlights the current mismatch between collective redress on the one hand, and rules on international jurisdiction on the other. Additionally, it notes that barriers to cross-border litigation remain significant for victims and their representatives. The unprecedented empirical study included in this book confirms that statement. Observing that EU measures have not satisfactorily lowered those barriers, the author proposes the creation of a new head of jurisdiction for cases of international collective redress. This book will be of interest to private international law scholars, researchers, students, legal practitioners, judges and policy-makers. It is a reference point for those with an interest in cross-border collective redress in particular, and private international law in general.
The Practice Of Judicial Interaction In The Field Of Fundamental Rights
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Author : Casarosa, Federica
language : en
Publisher: Edward Elgar Publishing
Release Date : 2022-02-04
The Practice Of Judicial Interaction In The Field Of Fundamental Rights written by Casarosa, Federica and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-02-04 with Law categories.
This insightful and timely book provides a comparative assessment of selected legal issues emerging from the EU legal context which impact profoundly on the national legal systems. It argues that judicial interaction can answer complex legal questions relating to the implementation of the EU Charter.
