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Books > Law > Jurisprudence & general issues > Comparative law
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The Class Action in Common Law Legal Systems - A Comparative Perspective (Hardcover, Uk Ed.)
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The Class Action in Common Law Legal Systems - A Comparative Perspective (Hardcover, Uk Ed.)
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Multi-party litigation is a world-wide legal process, and the class
action device is one of its best-known manifestations. As a means
of providing access to justice and achieving judicial economies,
the class action is gaining increasing endorsement - particularly
given the prevalence of mass consumerism of goods and services, and
the extent to which the activities and decisions of corporations
and government bodies can affect large numbers of people. The
primary purpose of this book is to compare and contrast the class
action models that apply under the federal regimes of Australia and
the United States and the provincial regimes of Ontario and British
Columbia in Canada. While the United States model is the most
longstanding, there have now been sufficient judicial
determinations under each of the studied jurisdictions to provide a
constructive basis for comparison. In the context of the drafting
and application of a workable class action framework, it is
apparent that similar problems have been confronted across these
jurisdictions, which in turn promotes a search for assistance in
the experience and legal analysis of others. The book is presented
in three Parts. The first Part deals with the class action concept
and its alternatives, and also discusses and critiques the stance
of England where the introduction of the opt-out class action model
has been opposed. The second Part focuses upon the various criteria
and factors governing commencement of a class action (encompassing
matters such as commonality, superiority, suitability, and the
class representative). Part 3 examines matters pertaining to
conduct of the action itself (such as becoming a class member,
notice requirements, settlement, judgments, and costs and fees).
The book is written to have practical utility for a wide range of
legal practitioners and professionals, such as: academics and
students of comparative civil procedure and multi-party litigation;
litigation lawyers who may use the reference materials cited to the
benefit of their own class action clients; and those charged with
law reform who look to adopt the most workable (and avoid the
unworkable) features in class action models elsewhere.
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