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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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