Download or read book The role of the Court in Collective Redress Litigation Comparative Report written by Élodie Falla and published by Primento. This book was released on 2014-03-18 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Class Actions in Canada written by Jasminka Kalajdzic and published by UBC Press. This book was released on 2018-05-17 with total page 261 pages. Available in PDF, EPUB and Kindle. Book excerpt: Whatever deficits remain in the Canadian project to make justice available to all, class actions have been heralded as a success. The theme of access to justice runs throughout the discourse on collective litigation, but what do access and justice mean in this context? Class actions have been employed over the past several decades to overcome barriers for those who would otherwise have no recourse to the courts. Class Actions in Canada critically and empirically examines whether mass litigation is meeting this primary goal. First proposing a conceptualization that moves beyond mere access to a court procedure, leading expert Jasminka Kalajdzic then methodically assesses survey data and case studies to determine how class action practice fulfills or falls short of its objectives. With class actions becoming increasingly controversial in the United States and collective redress mechanisms being cautiously adopted elsewhere, this is a timely exploration of collective litigation in Canada.

Download or read book The Cambridge Handbook of Class Actions written by Brian T. Fitzpatrick and published by Cambridge University Press. This book was released on 2021-02-18 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Economic activity is more globally integrated than ever before, but so is the scope of corporate misconduct. As more and more people across the world are affected by such malfeasance, the differences in legal redress have become increasingly visible. This transparency has resulted in a growing convergence towards an American model of robust private enforcement of the law, including the class-action lawsuit. This handbook brings together scholars from nearly two dozen countries to describe and assess the class-action procedure (or its equivalent) in their respective countries and, where possible, to offer empirical data on these systems. At the same time, the work presents a variety of multidisciplinary perspectives on class actions, from economics to philosophy, making this handbook an essential resource to academics, lawyers, and policymakers alike.

Download or read book Canadian Studies written by and published by . This book was released on 2000 with total page 482 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Recueils de jurisprudence du Qu bec written by and published by . This book was released on 2001 with total page 1082 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Canada Supreme Court Reports written by Canada. Supreme Court and published by . This book was released on 2002 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Current Law Index written by and published by . This book was released on 2000 with total page 940 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Wege zum japanischen Recht written by Zentarō Kitagawa and published by . This book was released on 1992 with total page 1126 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book PROMOTION DE LA SANTE ET AUTONOMISATION DANS LE CONTEXTE AFRICAIN written by David HouŽto and published by Lulu.com. This book was released on 2014-02-26 with total page 327 pages. Available in PDF, EPUB and Kindle. Book excerpt: Le terme promotion de la santé en Afrique, près de 30 ans après l'adoption de la Charte d'Ottawa, continue d'avoir des connotations complètement hors du sens que lui confère cette charte. Cela n'est pas étonnant quand on sait que la notion de santé dans ce contexte africain équivaut à la lutte contre la maladie à travers les soins de santé dispensés par des professionnels de la santé dans des formations sanitaires et les hôpitaux. L'évolution que connait le continent depuis quelques décennies est de donner un peu plus de place à la communauté à travers les relais communautaires dans une participation communautaire vidée de son contenu, car le pouvoir n'est jamais passé entre les mains des communautés.C'est au vu de tout ceci que le présent ouvrage à sa raison d'être pour expliquer les fondements de l'autonomisation communautaire et de la promotion de la santé avec leur importance pour la région africaine en proie aux mauvais indicateurs de santé comparativement aux autres régions du monde.

Download or read book Contemporary Issues in International Arbitration and Mediation 2008 written by Arthur W. Rovine and published by BRILL. This book was released on 2009 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 2008 volume of Contemporary Issues in International Arbitration and Mediation - The Fordham Papers is a collection of important works in international arbitration and mediation written by the prominent speakers at the 2008 Fordham Law School Conference on International Arbitration and Mediation. The 24 papers are organized into the following six parts: Part I: Investor-State Arbitration Part II: Recent Significant Domestic Judicial Decisions Involving or Potentially Involving International Arbitration Part III: Class Actions and Consolidation in International Arbitration Part IV: Intellectual Property and Information Technology Issues in International Arbitration Part V: Mediation: Issues, Solutions, and Expanding Applications.

Download or read book The Law of Class Actions in Canada written by Warren K. Winkler and published by . This book was released on 2014 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Lawyers Arbitration Letters 1980 1989 written by and published by . This book was released on 1990 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Philosophy manual a South South perspective written by Chanthalangsy, Phinith and published by UNESCO Publishing. This book was released on 2014-12-31 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Trekking the Shore written by Nuno F. Bicho and published by Springer Science & Business Media. This book was released on 2011-05-19 with total page 515 pages. Available in PDF, EPUB and Kindle. Book excerpt: Human settlement has often centered around coastal areas and waterways. Until recently, however, archaeologists believed that marine economies did not develop until the end of the Pleistocene, when the archaeological record begins to have evidence of marine life as part of the human diet. This has long been interpreted as a postglacial adaptation, due to the rise in sea level and subsequent decrease in terrestrial resources. Coastal resources, particularly mollusks, were viewed as fallback resources, which people resorted to only when terrestrial resources were scarce, included only as part of a more complex diet. Recent research has significantly altered this understanding, known as the Broad Spectrum Revolution (BSR) model. The contributions to this volume revise the BSR model, with evidence that coastal resources were an important part of human economies and subsistence much earlier than previously thought, and even the main focus of diets for some Pleistocene and early Holocene hunter-gatherer societies. With evidence from North and South America, Europe, Africa, Asia, and Australia, this volume comprehensively lends a new understanding to coastal settlement from the Middle Paleolithic to the Middle Holocene.

Download or read book The European Landscape Convention written by Michael Jones and published by Springer Science & Business Media. This book was released on 2011-02-09 with total page 327 pages. Available in PDF, EPUB and Kindle. Book excerpt: This important and insightful book provides, for the first time, a broad presentation of ongoing research into public participation in landscape conservation, management and planning, following the 2000 European Landscape Convention which came into force in 2004. The book examines both the theory of participation and what lessons can be learnt from specific European examples. It explores in what manner and to what extent the provisions for participation in the European Landscape Convention have been followed up and implemented. It also presents and compares different experiences of participation in selected countries from northern, southern, eastern and western Europe, and provides a critical examination of public participation in practice. However, while the book’s focus is necessarily on Europe, many of the conclusions drawn are of global relevance. The book provides a valuable reference for researchers and advanced students in landscape policies and management, as well as for professionals and others interested in land-use planning and environmental management.

Download or read book Doing Business in 2006 written by World Bank and published by World Bank Publications. This book was released on 2006 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt: This publication is the third in a series of annual reports giving a comparative analysis of business regulations and their enforcement across 155 countries and over time. Comparable data indicators are given for 10 topics: starting a business, dealing with licences, hiring and firing workers, registering property, getting credit, investment protection, paying taxes, trading across borders, enforcing contracts, and closing a business. These indicators are used to assess socio-economic outcomes including levels of unemployment and poverty, productivity, investment and corruption; and to identify which regulatory measures enhance business activity and those that work to constrain it. This is a co-publication of the World Bank and the International Finance Corporation.

Download or read book Economic Fallacies written by Frederic Bastiat and published by Simon Publications. This book was released on 2001-08-16 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book, written by the celebrated nineteenth century French economist propagating free trade, reads as it was written yesterday.