A Comparative Examination of Multi-Party Actions
Author | : Joanne Blennerhasset |
Publisher | : |
Total Pages | : 320 |
Release | : 2016-11 |
Genre | : |
ISBN | : 9783406703621 |
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Author | : Joanne Blennerhasset |
Publisher | : |
Total Pages | : 320 |
Release | : 2016-11 |
Genre | : |
ISBN | : 9783406703621 |
Author | : Joanne Blennerhassett |
Publisher | : Bloomsbury Publishing |
Total Pages | : 344 |
Release | : 2016-10-20 |
Genre | : Law |
ISBN | : 1509905308 |
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.
Author | : Joanne Blennerhassett |
Publisher | : |
Total Pages | : |
Release | : 2017 |
Genre | : |
ISBN | : 9783845280301 |
Author | : Csongor István Nagy |
Publisher | : Springer Nature |
Total Pages | : 122 |
Release | : 2019-08-19 |
Genre | : Law |
ISBN | : 3030242226 |
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.
Author | : Kelly Stephen Searl |
Publisher | : |
Total Pages | : 520 |
Release | : 1922 |
Genre | : Court rules |
ISBN | : |
Author | : Rachael Mulheron |
Publisher | : Bloomsbury Publishing |
Total Pages | : 616 |
Release | : 2004-11-15 |
Genre | : Law |
ISBN | : 1847310966 |
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.
Author | : Ontario Law Reform Commission |
Publisher | : Ontario : Ministry of the Attorney General |
Total Pages | : 324 |
Release | : 1982 |
Genre | : Law |
ISBN | : |
Author | : Manitoba. Law Reform Commission |
Publisher | : Manitoba Law Reform Commission |
Total Pages | : 174 |
Release | : 1999 |
Genre | : Law |
ISBN | : |
This report considers two central issues: whether Manitoba should adopt a class proceedings regime, and if so, what the defining features of that regime should be. After an introduction on the importance of class proceedings in improving access to justice, chapter 2 outlines the current Manitoba law on multi-party proceedings, provides a brief overview of class proceedings legislation in other jurisdictions, and describes the types of situations in which class proceedings have been used in those jurisdictions. Chapter 3 discusses reasons advanced for and against class proceedings, including access to justice, efficient use of judicial resources, windfalls for lawyers, and the effects on Manitobans of class proceedings in other jurisdictions. Chapter 4 proposes and discusses the features of a class proceedings regime, including general objectives, certification, class membership, costs and fees, and conduct of proceedings. The final chapter summarizes recommendations for reform and a proposed Class Proceedings Act is appended.
Author | : Jean-Benoit Pilet |
Publisher | : Routledge |
Total Pages | : 288 |
Release | : 2014-01-10 |
Genre | : Political Science |
ISBN | : 1317929454 |
This book explores the ways in which political parties, in contemporary parliamentary democracies, choose their leaders and then subsequently hold them accountable. The authors provide a comprehensive examination of party leadership selection and accountability both through examination of parties and countries in different institutional settings and through a holistic analysis of the role of party leaders and the methods through which they assume, and exit, the office. The collection includes essays on Australia, Austria, Belgium, Canada, Germany, Hungary, Israel, Italy, Portugal, Romania, Spain, Norway and the United Kingdom which have important differences in their party systems, their degree of democratization, the role assigned to party leaders and their methods of leadership selection. Each country examination provides significant data relating to party rules and norms of leadership selection, leadership tenures and leadership contests. The book concludes with a chapter that merges the country data analyses to provide a truly comparative examination of the theoretical questions underlying the volume. This book will be of strong interest to students and scholars of legislative studies, elections, democracy, political parties, party systems, political elites and comparative politics.
Author | : R. Doak Bishop |
Publisher | : |
Total Pages | : 0 |
Release | : 2009 |
Genre | : Law |
ISBN | : 9780199551729 |
This publication from the International Bureau of the Permanent Court of Arbitration (PCA) presents a collection of studies on the key issues found in complex international commercial and investment disputes. Renowned authors from Europe and North America consider issues from perspectives emanating from both the Anglo-American and Continental European legal systems. The authors consider international multiparty arbitration and its attendant problems from both a conceptual and practical perspective, beginning with the overarching legal problems of determining the proper parties to the arbitration and the ambit of contractual consent. Topics which are comprehensively examined include: Joiner of parties and consolidation of arbitral proceedings; the challenges of administration of multiparty arbitrations; investment arbitration involving multiple parties and multiparty issues in investor-state arbitration; classwide arbitration and arbitrating mass investor claims; lessons that can be learnt from mass claims processes; and enforcement issues. The book also includes a practitioner-oriented discussion of multiparty arbitration in the construction industry.