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The Reform of Class and Representative Actions in European Legal Systems - A New Framework for Collective Redress in Europe (Hardcover)
Loot Price: R3,140
Discovery Miles 31 400
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The Reform of Class and Representative Actions in European Legal Systems - A New Framework for Collective Redress in Europe (Hardcover)
Series: Studies of the Oxford Institute of European and Comparative Law
Expected to ship within 10 - 15 working days
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Donate to Against Period Poverty
Total price: R3,150
Discovery Miles: 31 500
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This book examines the principal trends and policy goals relating
to collective redress mechanisms in Europe. It identifies three
principal areas in which procedures and debates have emerged:
within consumer protection and competition law, and from some
national court systems. It identifies differing national models of
public and private enforcement in consumer protection law in the
Member States, and the search for more efficient and inclusive
procedures that would deliver increased access to justice and
enhanced compliance with desired standards (arguably through
deterrence). A sequence of case studies illustrates the pros and
cons of differing models. Lessons are also drawn from the
experience of class actions in the USA over the transactional costs
of private law mechanisms, and adverse economic consequences. The
various policy strands are unravelled and prioritised, and options
for the future are recommended. The American 'private enforcement'
model is contrasted with the more prevalent European public and
mediated enforcement tradition. New developments involving
Ombudsmen and oversight of compensation by public enforcement
bodies are identified, and underlying theories of restorative
justice and responsive regulation discussed. Public, private,
formal, informal, ADR and voluntary methodologies are evaluated
against criteria, and it is concluded that the optimal options for
collective redress in Europe involve a combination of approaches,
with priority given to public and voluntary solutions over private
court-based mechanisms. "Reform of collective redress is the
hottest topic in European civil justice today. Dr. Hodges, one of
the world's leading experts in the field, provides a deeply
informed evaluation of the current debates. Illustrative case
studies drawn from both consumer protection and competition areas
enrich and ground his provocative analysis of the complex issues at
stake making this a "must-have" book for every practitioner,
academic and policy-maker in the field". Professor Jane Stapleton,
Australian National University, and University of Texas, Austin.
General
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