Entrepreneurial Mass Litigation: Balancing the Building Blocks

Mass litigation is a relatively new phenomenon in Europe, yet it is gradually developing into an important area of the law. This is incited by the impact on society that mass harm might have, such as the Volkswagen emissions scandal. The past decades have demonstrated an increasing expansion of litigation mechanisms to address various types of mass harm. Meanwhile, commerce-driven parties are mushrooming, incentivised by the potential large earnings that mass litigation provides. Law firms, claim organizations and third-party funders increasingly engage in the already existing mechanisms and explore hidden or new pathways.

This innovation in civil law is two-faced. Entrepreneurial mass litigation might stimulate and improve access to justice and private enforcement, but it can also fuel a compensation culture and encourage abusive behaviour.

This book explores the conditions for assessing the contribution of entrepreneurship to mass litigation, by way of a theoretical and comparative legal study. It aims to contribute to the academic, political and judicial process of weighing and balancing the benefits and drawbacks of entrepreneurial mass litigation.