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 322 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 Collective Actions in Europe written by Csongor István Nagy and published by Springer Nature. This book was released on 2019-08-19 with total page 122 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Extraterritoriality and Collective Redress written by Duncan Fairgrieve and published by Oxford University Press. This book was released on 2012-09-27 with total page 491 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the extraterritorial effect of collective redress litigation, looking at the way in which many collective redress issues span frontiers, and thus involve complex transnational dynamics. Includes detailed analysis of the law and jurisprudence with significant practical impact in this area.
Download or read book Collective and Mass Litigation in Europe written by Astrid Stadler and published by Edward Elgar Publishing. This book was released on 2020-11-27 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book European Rules of Civil Procedure written by Astrid Stadler and published by Edward Elgar Publishing. This book was released on 2023-11-03 with total page 785 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Research Handbook on Private Enforcement of Competition Law in the EU written by Barry J. Rodger and published by Edward Elgar Publishing. This book was released on 2023-02-14 with total page 559 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Download or read book Competition Law Comparative Private Enforcement and Collective Redress Across the EU written by Barry J. Rodger and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Private Enforcement Context and Project Background /Barry Rodger --Institutions and Mechanisms to Facilitate Private Enforcement /Barry Rodger --The Empirical Data Part 1: Methodology, Case Law, Courts and Processes /Barry Rodger --The Empirical Data Part 2: Provisions Relied Upon, Remedies and Success /Barry Rodger --Collective Redress Mechanisms and Consumer Case Law /Barry Rodger --Comparing Economic Incentives across EU Member States /Morten Hviid & John Peysner --A View from across the Atlantic: Recent Developments in the Case Law of the US Federal Courts on Class Certification in Antitrust Cases /Arianna Andreangeli --Fast, Effective and Low Cost Redress: How Do Public and Private Enforcement and ADR Compare? /Christopher Hodge --Concluding Remarks /Barry Rodger.
Download or read book A Comparative Examination of Multi Party Actions written by Joanne Blennerhassett and published by Bloomsbury Publishing. This book was released on 2016-10-20 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: This monograph addresses the phenomenon of mass harm and how it may be resolved through collective redress. It examines particularly how such redress may be achieved through mechanisms such as multi-party actions (MPAs). In order to do this, an analytical framework is created against which to evaluate various multi-party procedures. This is illustrated through the experience of a selection of common law jurisdictions in dealing with mass harm – namely that of England and Wales, Canada, Australia and the United States, as well as that of EU collective redress. It examines multi-party action laws benchmarked against the objectives identified in the analytical framework. The phenomenon of environmental mass harm in particular is explored as a case study, as it illustrates some of the difficulties that may arise in mass harm litigation. Also, this work explores where the best solutions for mass harm redress may lie in the future – perhaps in collective actions or through alternatives such as regulation and alternative dispute resolution or a combination of these. Finally, the experience of mass harm litigation in Ireland is examined, as currently this jurisdiction does not have an effective mechanism for dealing with mass harm.
Download or read book General Reports of the XVIIIth Congress of the International Academy of Comparative Law Rapports G n raux du XVIII me Congr s de l Acad mie Internationale de Droit Compar written by Karen B. Brown and published by Springer Science & Business Media. This book was released on 2011-12-30 with total page 699 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title presents twenty-nine topics, prepared by leading scholars in more than 20 countries, providing a comparative analysis of cutting-edge legal topics of the 21st century. Considering topics of vital moment to contemporary legal scholars, the title includes pieces on Surrogate Motherhood, The Balance of Copyright in Comparative Perspective, International Law in Domestic Systems, Constitutional Courts as "Positive Legislators," Same-sex Marriage, Climate Change and the Law, The Regulation of Private Equity, Hedge Funds, and State Funds, and Regulation of Corporate Tax Evasion. Each chapter surveys legal developments in the U.S. and Canada, Europe, Asia, Latin and South America, Africa, and the Middle East in a format that permits the reader easy access to similarities and differences in the approaches of the selected national regimes. This comprehensive volume tells the story of parallel trends in the evolution of legal doctrine despite jurisdictional, cultural, and political barriers. While each of the covered countries stands alone as a sovereign, in a technologically advanced world their disparate systems nonetheless have converged to adopt comparable strategies in dealing with complex legal issues. The volume is a critical addition to the library of any scholar hoping to keep abreast of the major trends in contemporary law.
Download or read book Jurisdiction and Cross Border Collective Redress written by Alexia Pato and published by Bloomsbury Publishing. This book was released on 2019-07-11 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Class Actions in Europe written by Alan Uzelac and published by Springer Nature. This book was released on 2021-06-23 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Reform of Class and Representative Actions in European Legal Systems written by Christopher Hodges and published by Hart Publishing. This book was released on 2008-09-30 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the principal trends and policy goals relating to collective redress mechanisms in Europe. It identifies three principal areas in which procedures and debates have emerged: within consumer protection and competition law, and from some national court systems. It identifies differing national models of public and private enforcement in consumer protection law in the Member States, and the search for more efficient and inclusive procedures that would deliver increased access to justice and enhanced compliance with desired standards (arguably through deterrence). A sequence of case studies illustrates the pros and cons of differing models. Lessons are also drawn from the experience of class actions in the USA over the transactional costs of private law mechanisms, and adverse economic consequences. The various policy strands are unravelled and prioritised, and options for the future are recommended. The American 'private enforcement' model is contrasted with the more prevalent European public and mediated enforcement tradition. New developments involving Ombudsmen and oversight of compensation by public enforcement bodies are identified, and underlying theories of restorative justice and responsive regulation discussed. Public, private, formal, informal, ADR and voluntary methodologies are evaluated against criteria, and it is concluded that the optimal options for collective redress in Europe involve a combination of approaches, with priority given to public and voluntary solutions over private court-based mechanisms. "Reform of collective redress is the hottest topic in European civil justice today. Dr. Hodges, one of the world's leading experts in the field, provides a deeply informed evaluation of the current debates. Illustrative case studies drawn from both consumer protection and competition areas enrich and ground his provocative analysis of the complex issues at stake making this a "must-have" book for every practitioner, academic and policy-maker in the field". Professor Jane Stapleton, Australian National University, and University of Texas, Austin.
Download or read book Review of Civil Litigation Costs written by Great Britain. Ministry of Justice and published by The Stationery Office. This book was released on 2010 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Collective Redress and EU Competition Law written by Eda Şahin and published by Routledge. This book was released on 2018-12-13 with total page 227 pages. Available in PDF, EPUB and Kindle. Book excerpt: Exploring obstacles to effective compensation of victims of competition infringements, this book categorises the types of victims harmed and the types of losses arisen from these infringements to identify to what extent there is a need for enhanced private competition law enforcement in the European Union (EU) and the best way to address this need. It shows that there is a genuine need for facilitating consumer damages actions and that consumer claims are the only claims that can be pursued in a collective redress action. In order to compensate consumers and overcome barriers to effective enforcement of their right to damages, it structures a collective redress action for consumers by considering the following elements: i. the formation of the group, ii. the type of representative party iii. funding mechanisms and iv. calculation and distribution of damages.
Download or read book The Changing Role of Law in Japan written by Dimitri Vanoverbeke and published by Edward Elgar Publishing. This book was released on 2014-06-27 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: How has Japan managed to become one of the most important economic actors in the world, without the corresponding legal infrastructure usually associated with complex economic activities? The Changing Role of Law in Japan offers a comparative perspecti
Download or read book The General Data Protection Regulation and the effective protection of data subjects rights in the online environment written by Mario Egbe Mpame and published by Nomos Verlag. This book was released on 2021-06-21 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Nach einem umfassenden Überblick über die DSGVO untersucht diese Arbeit das neue Recht auf Vertretung, das in Art. 80 Abs. 1 DSGVO verankert ist. Dieses Recht ermöglicht es den betroffenen Personen, einen zuständigen Verband zu benennen, der ihre Durchsetzungsrechte ausübt, einschließlich des Rechts auf Entschädigung, vorausgesetzt, dass das Recht der Mitgliedstaaten dies zulässt. Da dieses Recht vom nationalen Recht abhängig ist, wird in dieser Arbeit untersucht, wie in den wichtigsten europäischen Gerichtsbarkeiten mit kollektiven Rechtsbehelfen gegen Massenschäden beim Datenschutz umgegangen wird, bevor ein Überblick über die allgemeine Situation in der EU und die damit verbundenen Herausforderungen gegeben wird.
