Overview

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.

Full Product Details

Author:   Professor Christopher Hodges (University of Oxford, UK) ,  Professor Dr Stefaan Voet (KU Leuven, Belgium)
Publisher:   Bloomsbury Publishing PLC
Imprint:   Hart/Beck
Weight:   0.802kg
ISBN:  

9781509918546

ISBN 10:   150991854
Pages:   368
Publication Date:   03 May 2018
Audience:   Professional and scholarly ,  Professional and scholarly ,  Professional & Vocational ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   Manufactured on demand  
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Table of 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

Reviews

[T]he book offers a tantalizing look at an alternative universe of mass dispute resolution and is sure to stimulate the imagination of scholars who think about the future of aggregation in the United States... The authors' effort to sketch a possible future for aggregate dispute resolution creates an intriguing picture indeed. * Jotwell: The Journal of Things We Like (Lots) *

[T]he book offers a tantalizing look at an alternative universe of mass dispute resolution and is sure to stimulate the imagination of scholars who think about the future of aggregation in the United States... The authors' effort to sketch a possible future for aggregate dispute resolution creates an intriguing picture indeed. -- Jay Tidmarsh * Jotwell: The Journal of Things We Like (Lots) *

Author Information

Christopher Hodges is Professor of Justice Systems, Supernumerary Fellow of Wolfson College, Oxford, and Head of the Swiss Re Research Programme on Civil Justice Systems at the Centre for Socio-Legal Studies, Oxford. Stefaan Voet is Associate Professor at the University of Leuven and a host professor at the University of Hasselt in Belgium.

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