Delivering collective redress : new technologies / Christopher Hodges, Professor of Justice Systems at the University of Oxford, Supernumerary Fellow, Wolfson College, Oxford, Head of the Swiss Re Research Programme on Civil Justice Systems, Centre for Socio-Legal Studies, Oxford, Fellow of the European Law Institute, Solicitor (non-practising) Stefaan Voet, Associate Professor of Law at KU Leuven (University of Leuven), Visiting Professor of Law at UHasselt (University of Hasselt), Programme Affiliate of the Swiss Re Research Programme on Civil Justice Systems, Centre for Socio-Legal Studies, Oxford, Substitute Justice of the Peace, Bruges.

Format:

Book

Author/Creator:

Hodges, Christopher J. S., author.

Voet, Stefaan, author.

Series:

Civil justice systems.

Civil justice systems ; v. 7

Language:

English

Subjects (All):

Citizen suits (Civil procedure).

Citizen suits (Civil procedure)--European Union countries.

Class actions (Civil procedure).

Class actions (Civil procedure)--European Union countries.

Technological innovations.

Physical Description:

1 online resource (vi, 351 pages).

Edition:

1st ed.

Place of Publication:

Portland, Oregon : Hart Publishing, 2018.

Summary:

This book charts the transformative shifts in techniques that seek to deliver collective redress, especially for mass consumer claims in Europe. It shows how traditional approaches of class litigation (old technology) have been eclipsed by the new technology of regulatory redress techniques and consumer ombudsmen. It describes a series of these techniques, each illustrated by leading examples taken from a 2016 pan-EU research project. It then undertakes a comparative evaluation of each technique against key criteria, such as effective outcomes, speed, and cost. The book reveals major transformations in European legal systems, shows the overriding need to view legal systems from fresh viewpoints, and to devise a new integrated model

Contents:

1. Introduction: The Scope and the Criteria

I. Background and Principal Objective

II. The Techniques

III. Description of the Project and Methodology

IV. Criteria for Evaluation of Mechanisms

V. General Outline of this Book

VI. Major Findings

2. European Policy and Mechanisms for Collective Redress

I. Diverse Approaches and Piecemeal Legislation

II. The Public-Private Split

III. Objectives and Outcomes Replace Mechanisms

IV. Consumer Enforcement

V. Consumer Collective Redress: Policy Debates

VI. Commission's Recommendation on Collective Redress Mechanisms

VII. The Political and Technical Conundrum

VIII. Business Concerns on Ineffective Safeguards

IX. Consumer Concerns from Business Scandals

X. Proposals in 2016

17

XI. Competition Damages

XII. Data Protection

XIII. Investors

XIV. Conclusions

3. Collective Actions

I. Introduction

II. Belgium

III. Bulgaria

IV. England and Wales

V. Finland

VI. France

VII. Germany

VIII. Italy

IX. Lithuania

X. The Netherlands

XI. Poland

XII. Sweden

4. Criminal Compensation: Stand-alone and Consecutive Piggy-back

I. Belgium

II. United Kingdom

5. Regulatory Redress

I. Concept

II. The Range of Mechanisms of Regulatory Redress

III. Examples of the Powers

6. Ombudsmen

I. Typology

II. National Ombudsmen Schemes

7. Reassessing the Objectives

I. The Primary Objectives

II. Delivering Compensation

III. Affecting Future Behaviour

IV. Empirical Evidence on the Failure of the US Class Action as a Regulatory Mechanism

V. The Objectives Restated: Multi-functionalism

8. Conclusions

I. Overview of the Mechanisms

II. Applying the Criteria

III. Empirical Conclusions on the Mechanisms

IV. Implications of the Findings

Notes:

Includes index.

Includes bibliographical references and index.

Description based on print version record and CIP data provided by publisher; resource not viewed.

ISBN:

9781509918553

1509918558

9781509918577

1509918574

OCLC:

1023815239