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Class Actions In England Wales
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Book Synopsis Collective Access to Justice by : Molavi, Michael
Download or read book Collective Access to Justice written by Molavi, Michael and published by Policy Press. This book was released on 2021-03-11 with total page 142 pages. Available in PDF, EPUB and Kindle. Book excerpt: At a time when the collective redress landscape is undergoing a period of transformative change, this important and timely research focuses on class actions in England and Wales. The author provides an objective analysis of the costs and benefits of these proceedings from an access to justice perspective. Aiming to promote accessibility, this pioneering work separates fact from fiction in an easily digestible way, offering progressive solutions for reform.
Book Synopsis Class Actions in England and Wales by : Damian Bernard Grave
Download or read book Class Actions in England and Wales written by Damian Bernard Grave and published by . This book was released on 2018 with total page 674 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The text begins with an overview of the development of class action mechanisms in England and Wales. It then looks at when the English courts will have jurisdiction over collective claims, as well as the challenging issues of applicable law and enforcement of judgments that arise in this context. In a practical and comprehensive manner, it then takes the reader through each stage of the group litigation process, from commencement and conduct to trial and settlement, also addressing issues relating to costs and the important question of how such actions can be funded. Throughout the text, the discussion is illustrated by examples of decisions the courts have reached in practice."--
Book Synopsis The Class Action in Common Law Legal Systems by : Rachael Mulheron
Download or read book The Class Action in Common Law Legal Systems written by Rachael Mulheron and published by Bloomsbury Publishing. This book was released on 2004-11-15 with total page 616 pages. Available in PDF, EPUB and Kindle. Book excerpt: Multi-party litigation is a world-wide legal process, and the class action device is one of its best-known manifestations. As a means of providing access to justice and achieving judicial economies, the class action is gaining increasing endorsement - particularly given the prevalence of mass consumerism of goods and services, and the extent to which the activities and decisions of corporations and government bodies can affect large numbers of people. The primary purpose of this book is to compare and contrast the class action models that apply under the federal regimes of Australia and the United States and the provincial regimes of Ontario and British Columbia in Canada. While the United States model is the most longstanding, there have now been sufficient judicial determinations under each of the studied jurisdictions to provide a constructive basis for comparison. In the context of the drafting and application of a workable class action framework, it is apparent that similar problems have been confronted across these jurisdictions, which in turn promotes a search for assistance in the experience and legal analysis of others. The book is presented in three Parts. The first Part deals with the class action concept and its alternatives, and also discusses and critiques the stance of England where the introduction of the opt-out class action model has been opposed. The second Part focuses upon the various criteria and factors governing commencement of a class action (encompassing matters such as commonality, superiority, suitability, and the class representative). Part 3 examines matters pertaining to conduct of the action itself (such as becoming a class member, notice requirements, settlement, judgments, and costs and fees). The book is written to have practical utility for a wide range of legal practitioners and professionals, such as: academics and students of comparative civil procedure and multi-party litigation; litigation lawyers who may use the reference materials cited to the benefit of their own class action clients; and those charged with law reform who look to adopt the most workable (and avoid the unworkable) features in class action models elsewhere.
Book Synopsis The Cambridge Handbook of Class Actions by : Brian T. Fitzpatrick
Download or read book The Cambridge Handbook of Class Actions written by Brian T. Fitzpatrick and published by . This book was released on 2021-02-03 with total page 578 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.
Book Synopsis Review of Civil Litigation Costs by : Great Britain. Ministry of Justice
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.
Book Synopsis Class Actions and Government by : Rachael Mulheron
Download or read book Class Actions and Government written by Rachael Mulheron and published by Cambridge University Press. This book was released on 2020-04-02 with total page 475 pages. Available in PDF, EPUB and Kindle. Book excerpt: Government, in all of its guises, plays a significant, controversial, and sometimes hidden, role in class actions reform and litigation.
Book Synopsis World Class Actions by : Paul G. Karlsgodt
Download or read book World Class Actions written by Paul G. Karlsgodt and published by Oxford University Press, USA. This book was released on 2012-09-13 with total page 854 pages. Available in PDF, EPUB and Kindle. Book excerpt: Part I of the book provides a jurisdiction-by-jurisdiction survey of the class action, group, collective, derivative, and other representative action procedures available across the globe. Each chapter is written from a local perspective, by an attorney familiar with the laws, best practices, legal climate, and culture of the jurisdiction.
Book Synopsis Class Actions in England and Wales by : Damian Grave
Download or read book Class Actions in England and Wales written by Damian Grave and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis A Comparative Examination of Multi-Party Actions by : Joanne Blennerhassett
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 339 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. This title is included in Bloomsbury Professional's International Arbitration online service.
Book Synopsis The Ethics and Conduct of Lawyers in England and Wales by : Andrew Boon
Download or read book The Ethics and Conduct of Lawyers in England and Wales written by Andrew Boon and published by Bloomsbury Publishing. This book was released on 2023-11-30 with total page 532 pages. Available in PDF, EPUB and Kindle. Book excerpt: The fourth edition of this respected textbook examines the regulation and conduct of lawyers in England and Wales and addresses new developments in the field, including those in international practice, sexual misconduct, and the environment. Focusing on the practice of, and interrelationship between, solicitors and barristers, the book provides background to current arrangements while exploring contemporary rules of conduct, systems of regulation, and controversies. The four main parts cover client duties, wider obligations, key contexts, and regulation. Parts one to three provide an academic introduction to the subject of lawyers' ethics. They are suitable as a core text for a semester course at undergraduate level, providing grounding for vocational training, such as the Solicitors' Qualifying Examination. Comparisons are made with conduct rules applying in other leading common law jurisdictions where relevant. These parts also explore links between the subject of ethics and the development of lawyers' practical skills. Part four applies the general principles to three elements of regulation: practice, admission, and discipline. The approach throughout is socio-legal. While the essential law is described, relevant social science research informs consideration of issues and debates.
Book Synopsis Jurisdiction and Cross-Border Collective Redress by : Alexia Pato
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 367 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.
Book Synopsis Medical Negligence: Non-Patient and Third Party Claims by : Rachael Mulheron
Download or read book Medical Negligence: Non-Patient and Third Party Claims written by Rachael Mulheron and published by Routledge. This book was released on 2016-04-29 with total page 650 pages. Available in PDF, EPUB and Kindle. Book excerpt: Healthcare professionals face an increasing threat of litigation from parties whom they have never met in their daily medical practice and who look nothing like the traditional patient. The so-called ’non-patient’ may take many forms”for example, a person who is injured or killed by a mentally-ill, physically-disabled or diseased patient; a wrongfully-accused parent in a child neglect/abuse case; or a local authority which is put to the expense of caring for a negligently-treated patient. This book explores the legal principles and conundrums which arise when determining a healthcare professional’s liability in negligence towards a wide variety of non-patients. The topic is assuming increasing legal importance and relevance, given the potential for many non-patient claims to give rise to class actions litigation, and in light of the legislative and human rights interventions, and the frequent appellate judicial consideration, which non-patient claims have attracted in recent times. The aim of the book is to have utility for both legal and medical professionals; for academics and students of comparative medical negligence and tort law; and for law reformers who may be interested in adopting certain features of statutory models elsewhere which pertain to some non-patient claims, such as those based upon ’Good Samaritan’ conduct. Important parallels or counterpoints from other common law jurisdictions, in which courts and commentators have grappled with the legal complexities of non-patient claims, are also discussed and critically analyzed.
Book Synopsis The Law and Business of Litigation Finance by : Steven Friel
Download or read book The Law and Business of Litigation Finance written by Steven Friel and published by Bloomsbury Publishing. This book was released on 2020-12-01 with total page 497 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Law and Business of Litigation Finance considers the international development of the law and practice of high value litigation and arbitration funding. It is an essential guide for those who provide or seek such funding, as well as for anyone who wishes to understand the litigation funding process and to avoid pitfalls. It answers questions such as: - How do litigation funders raise capital and how do they spend it? - What are their corporate and financial structures? - What type of cases do they invest in and what are their returns? - What are the key legal issues relating to litigation funding? The Law and Business of Litigation Finance assists various parties, including: - Those who do not have the resources or risk appetite to proceed in litigation or arbitration without financial support - Law firms who are interested in a significant business development opportunity, and fairer outcome for litigants - Insolvent estates, whose biggest assets are their potential claims - Judges, arbitrators and other neutral parties in funded dispute resolution cases - Regulators, legislators and policymakers in the fields of legal and financial services - Investors who seek high risk, high return opportunities The book is edited by one of the most accomplished litigation funders in the international market and has contributions from leading experts drawn from legal practice, financiers and academia. The focus is on the UK and the US, the two main centres for the international litigation funding industry, with reference to Australia, New Zealand and other select jurisdictions. As the first book on litigation finance to take an international, and particularly transatlantic, perspective, this is a must-have guide for all lawyers, commercial court judges, legal policy makers, regulators, investors, and academics in these jurisdictions.
Book Synopsis The role of the Court in Collective Redress Litigation : Comparative Report by : Élodie Falla
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.
Book Synopsis Class Arbitration in the European Union by : Philippe Billiet (jurist.)
Download or read book Class Arbitration in the European Union written by Philippe Billiet (jurist.) and published by Maklu. This book was released on 2013 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a leading manual for practitioners and gives an update on the interface between class actions and arbitration in every EU Member State that provides access to a form of collective redress. It enhances the use of arbitration in relation to collective redress mechanisms.
Book Synopsis Collective and Mass Litigation in Europe by : Astrid Stadler
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.
Book Synopsis Collective Actions by : Stefan Wrbka
Download or read book Collective Actions written by Stefan Wrbka and published by Cambridge University Press. This book was released on 2012-04-30 with total page 457 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume of essays examines whether collective actions can enhance access to justice for multilayer interests.
