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Mass Justice
This insightful book considers phenomena such as mass torts, which affect numerous victims, and complex insolvency cases, which concern multiple and often competing interests. The editors identify and respond to the need for reflection on the notion of ?mass justice?. The assembled contributors show that while private law is usually debated in terms of individual rights and duties, the reality is that these are deeply influenced by collective issues. They address examples such as the operation of class actions; the availability of insurance funds; the logistics of negotiating with and compensating a wide range of individuals; as well as distribution of assets in insolvency proceedings. This unique and detailed book will appeal to academics and students of private law as well as those with an interest in law and society. Scholars from non-law disciplines with an interest in insurance and liability will also find this study thought-provoking, as will practitioners and policy-makers.
Collective and Mass Litigation in Europe
Written by leading authorities in the field of European civil procedure and collective redress, this timely book explores the model collective proceedings rules in the ELI/UNDROIT European Rules of Civil Procedure. It explains the intended application of this ‘best practice’ set of collective redress rules, intended to promote greater consistency in civil and commercial court procedure across Europe, linking to existing European practice and initiatives in the field.
Extraterritoriality and Collective Redress
Examines the extraterritorial effect of collective redress litigation, looking at the way in which many collective redress issues span frontiers, and thus involve complex transnational dynamics. Includes detailed analysis of the law and jurisprudence with significant practical impact in this area.
Private Enforcement of EC Competition Law
The European Commission's recent green paper on damages actions for breach of EC antitrust rules stirred a debate across Europe on the need for legal reform that would encourage private plaintiffs to claim compensation for losses suffered as a result of anticompetitive conduct. Prominent in the wake of that initiative was the international conference convened by the Max Planck Institute for Comparative and International Private Law in Hamburg in April 2006, the papers and proceedings of which are presented in this important book. Among the topics and issues raised and discussed here are the following: the 2001 Courage judgment of the European Court of Justice, in which the court decided that...
The European Service Regulation
Presenting a systematic article-by-article commentary on the European Service Regulation (recast), and written by renowned experts from several EU Member States, this book gives guidance for the proper understanding and practical operation of cross-border judicial cooperation in civil and commercial matters within the EU.
Frontiers in Civil Justice
This book studies three interrelated frontiers in civil justice from European and national perspectives, combining theory with policy and insights from practice: the interplay between private and public justice, the digitisation of justice, and litigation funding. These current topics are viewed against the backdrop of the requirements of effective access to justice and the overall goal of establishing a sustainable civil justice system in Europe.
International Litigation Strategies and Practice
Focusing on the strategic and practical aspects of handling a transnational case, this resource first discusses the essentials, e.g., finding the right lawyer for the job overseas and communicating with foreign clients and lawyers. It then addresses the strategic decisions and practice tools necessary to successfully initiate, defend, and conclude a transnational case.
Assignment in European Private International Law
The assignment of contractual rights is of immense importance for the world of business and finance. Never before have assignments taken place on such a large scale as is the case in the contemporary securitisation market. Many receivables-based financial transactions, such as securitisations, are cross-border transactions. It is therefore often crucial to determine which law governs the proprietary aspects of assignment. The European Commission has, in its "proposal for a regulation on the law applicable to contractual obligations," formulated a new conflict rule referring the enforceability of an assignment against third parties to the law of the assignor's residence. This book demonstrate...
Litigation, Costs, Funding and Behaviour
This collection explores the practical operation of the law in the area of litigation costs and funding, and confronts the issue of how exposure to cost risks affects litigation strategy. It looks at the interaction of the relevant legal regime, regulatory framework and disciplinary rules with the behaviour of litigants, courts and legislatures, examining subjects such as cost rules and funding arrangements. The book discusses a wide range of topics such as cost-shifting rules, funding and mass tort litigation, cost rules and third-party funding (TPF) rules in specific areas such as intellectual property (IP) litigation, commercial arbitration, investment arbitration, the role of legal expen...
