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Delivering Collective Redress: New Technologies

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Delivering Collective Redress: New Technologies

Name: Delivering Collective Redress: New Technologies
Brand: Hart Publishing
SKU: 9781509918546
Price: 1008.80 HKD
Availability: InStock
Author: Christopher Hodges; Stefaan Voet
ISBN: 9781509918546

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.

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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