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This volume examines the evolution of Central European product
liability systems, with particular reference to the effect of the
implementation of the Product Liability Directive in the context of
the recent enlargement of the EU. This book also provides a
comparison of how product liability law has evolved in the
socialist states, comparing it to developments taking place in the
West. Using product liability law, this study offers a valuable
insight into the necessary features and requirements of the
harmonization of laws between the EU and post-socialist Europe.
Predominantly legal in scope, it also takes account of the
importance of extra-legal elements in law reform. As such, this
book will be a valuable resource for those interested in European
Law, as well as those working in the area of Consumer and Product
Liability law.
This volume examines the evolution of Central European product
liability systems, with particular reference to the effect of the
implementation of the Product Liability Directive in the context of
the recent enlargement of the EU. This book also provides a
comparison of how product liability law has evolved in the
socialist states, comparing it to developments taking place in the
West. Using product liability law, this study offers a valuable
insight into the necessary features and requirements of the
harmonization of laws between the EU and post-socialist Europe.
Predominantly legal in scope, it also takes account of the
importance of extra-legal elements in law reform. As such, this
book will be a valuable resource for those interested in European
Law, as well as those working in the area of Consumer and Product
Liability law.
This groundbreaking volume of The ANNALS provides the first
overview of class action laws and related mechanisms around the
world. It features 30 "country reports" by leading scholars,
describing the adoption, characteristics and consequences to date
of class action and non-class group litigation procedures ranging
across North and Latin America, Australia, Asia and Europe. What
were once seen as singular disputes between individuals (or between
an individual and a corporation) are now viewed increasingly as
group struggles against multinational corporations and other global
institutions. This escalating trend of class actions and group
litigation in private civil court cases extends well beyond the
interest of lawyers. The social, economic, and political
ramifications of permitting class actions are potentially vast-not
just in the United States, but increasingly throughout the world,
as in less than a decade the number of countries that permit
representative litigation by private actors has multiplied
dramatically. The United States has led the way in these
developments. Adopted by the U.S. federal judiciary in 1966, group
litigation made it easier for individuals to come forward to claim
remedies, including money damages, on behalf of large groups of
similarly affected individuals. Class actions dramatically shift
the balance of power between the "haves" and the "have-nots." Yet
as this trend has grown in the United States. and has taken hold
around the globe, little analysis has been done on the costs or
outcomes of group litigation - and even less is known about
litigants' and lawyers' choices to prosecute class actions. There
is impassioned debate over the cost and benefits of class
litigation in the United States. Does it impose costs on economic
factors that are larger than any benefit it creates - thereby
diminishing social welfare? By placing responsibility for social
reform and public policy in the hands of appointed judges or lay
jurors - rather than elected legislators - does it produce outcomes
that are not supported by the majority of citizens? In December
2007, Stanford Law School and the Oxford Centre for Socio-Legal
Studies organized an international conference that studied the
global spread of class actions and group litigation procedures.
Scholars, jurists, and practitioners from around the world gathered
to discuss and debate the use of group litigation procedures and
initiate a research project on the evolution of class actions and
aggregate litigation worldwide. This volume of The ANNALS is one
result of that conference. Students, scholars and policymakers will
find this anthology of reports to be an essential overview,
providing a solid understanding of the effects of class actions
around the globe.
This book contains the first major comparative study of litigation
costs and methods of funding litigation in more than 30
jurisdictions. It was linked with the most comprehensive review of
costs ever carried out in England and Wales by Lord Justice Jackson
in 2009 and benefited from the assistance of leading practitioners
around the globe. The study analyses the principles and rules that
relate to paying courts, witnesses and lawyers, and the rules on
cost shifting, if any. It also notes the major ways in which
litigation can be funded, identifying the global trend on
contraction of legal aid, the so far limited spread of contingency
fees, and the growing new phenomenon of private third party
litigation funding. The study also presents the results of nine
case studies of typical claim types, so as to give a first overview
comparison of which countries' legal systems are cheaper or more
expensive. The book further contains national chapters with in
depth analysis contributed by scholars in 18 jurisdictions
(Australia, Belgium, Canada, China, Denmark, England & Wales,
France, Germany, Japan, the Netherlands, New Zealand, Poland,
Portugal, Russia, Spain, Switzerland, Taiwan and USA) and a further
chapter on Latin American jurisdictions. 'Dr Hodges, Professor
Vogenauer and Dr Tulibacka have conducted an excellent and thorough
comparative study of litigation costs and funding across a wide
range of jurisdictions ('the Oxford study'). The Oxford study is
important, because it provides both context and background for any
critical examination of our own costs and funding rules... I
commend this book both for its breadth and detail and also for its
percipient commentary. This work will make a valuable contribution
to the debate which lies ahead about how the costs and funding
rules of England and Wales should be reformed in order to promote
access to justice.' From the Foreword by Lord Justice Jackson,
Royal Courts of Justice, 16th July 2010
This groundbreaking volume of The ANNALS provides the first
overview of class action laws and related mechanisms around the
world. It features 30 "country reports" by leading scholars,
describing the adoption, characteristics and consequences to date
of class action and non-class group litigation procedures ranging
across North and Latin America, Australia, Asia and Europe. What
were once seen as singular disputes between individuals (or between
an individual and a corporation) are now viewed increasingly as
group struggles against multinational corporations and other global
institutions. This escalating trend of class actions and group
litigation in private civil court cases extends well beyond the
interest of lawyers. The social, economic, and political
ramifications of permitting class actions are potentially vast-not
just in the United States, but increasingly throughout the world,
as in less than a decade the number of countries that permit
representative litigation by private actors has multiplied
dramatically. The United States has led the way in these
developments. Adopted by the U.S. federal judiciary in 1966, group
litigation made it easier for individuals to come forward to claim
remedies, including money damages, on behalf of large groups of
similarly affected individuals. Class actions dramatically shift
the balance of power between the "haves" and the "have-nots." Yet
as this trend has grown in the United States. and has taken hold
around the globe, little analysis has been done on the costs or
outcomes of group litigation - and even less is known about
litigants' and lawyers' choices to prosecute class actions. There
is impassioned debate over the cost and benefits of class
litigation in the United States. Does it impose costs on economic
factors that are larger than any benefit it creates - thereby
diminishing social welfare? By placing responsibility for social
reform and public policy in the hands of appointed judges or lay
jurors - rather than elected legislators - does it produce outcomes
that are not supported by the majority of citizens? In December
2007, Stanford Law School and the Oxford Centre for Socio-Legal
Studies organized an international conference that studied the
global spread of class actions and group litigation procedures.
Scholars, jurists, and practitioners from around the world gathered
to discuss and debate the use of group litigation procedures and
initiate a research project on the evolution of class actions and
aggregate litigation worldwide. This volume of The ANNALS is one
result of that conference. Students, scholars and policymakers will
find this anthology of reports to be an essential overview,
providing a solid understanding of the effects of class actions
around the globe.
In this Liber Amicorum, leading experts and old-time friends from
around the world come together to pay tribute to Christopher
Hodges' multifaceted career and work by exploring what can be done
to deliver justice and fairness, focusing on collective redress,
consumer dispute resolution, court system reform, ethical business
regulation and regulatory delivery. After a decade-long career as a
solicitor, Christopher Hodges became Professor of Justice Systems
at the Centre for Socio-Legal Studies at the University of Oxford.
Throughout his academic career he worked on a variety of topics
dealing with access to justice and dispute resolution: from product
liability, procedural/funding systems and collective redress, to
alternative dispute resolution and ethical business regulation. In
2021 Christopher Hodges was awarded an OBE for services to business
and law. His ground-breaking research not only inspired students
and colleagues, but also influenced policymakers worldwide.
Delivering justice, and "making things better", runs like a thread
through his work; the same thread connects the chapters in this
book.
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