Delivering Collective Redress: New Technologies

Arbitration / Mediation / Litigation › Courts and Procedure

Delivering Collective Redress: New Technologies

Edited by Christopher Hodges · Stefaan Voet
Hart Publishing May 2018

Specifications

ISBN-13
9781509918546
Publisher
Hart Publishing
Publication
May 2018
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

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, and the overriding need to view legal systems from fresh viewpoints, and to devise a new integrated model.

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
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