A Comparative Examination of Multi-Party Actions PDF Download

Author: Joanne Blennerhassett
Publisher: Bloomsbury Publishing
ISBN: 1509905308
Category : Law
Languages : en
Pages : 339

View

Book Description
This monograph addresses the phenomenon of mass harm and how it may be resolved through collective redress. It examines particularly how such redress may be achieved through mechanisms such as multi-party actions (MPAs). In order to do this, an analytical framework is created against which to evaluate various multi-party procedures. This is illustrated through the experience of a selection of common law jurisdictions in dealing with mass harm – namely that of England and Wales, Canada, Australia and the United States, as well as that of EU collective redress. It examines multi-party action laws benchmarked against the objectives identified in the analytical framework. The phenomenon of environmental mass harm in particular is explored as a case study, as it illustrates some of the difficulties that may arise in mass harm litigation. Also, this work explores where the best solutions for mass harm redress may lie in the future – perhaps in collective actions or through alternatives such as regulation and alternative dispute resolution or a combination of these. Finally, the experience of mass harm litigation in Ireland is examined, as currently this jurisdiction does not have an effective mechanism for dealing with mass harm. This title is included in Bloomsbury Professional's International Arbitration online service.

Author: Wayne V. McIntosh
Publisher: UBC Press
ISBN: 0774815981
Category : Law
Languages : en
Pages : 549

View

Book Description
Drawing upon insights from law and politics, Multi-Party Litigation outlines the historical development, political design, and regulatory desirability of multi-party litigation strategies in cross-national perspective and describes a battle being fought on multiple fronts by competing interests. By addressing the potential and constraints of litigation, this book offers a comprehensive account of an international issue that will interest students and practitioners of law, politics, and public policy.

Author: Bernard Hanotiau
Publisher: Kluwer Law International B.V.
ISBN: 904112442X
Category : Law
Languages : en
Pages : 414

View

Book Description
Provides an analysis of the issues arising from multiparty-multicontract arbitrations, including those involving States and groups of companies. This work analyses theories on the basis of which courts and arbitral tribunals determine who are parties to the arbitration clause; and whether an arbitration clause may be extended to non-signatories.

Author: Csongor István Nagy
Publisher: Springer Nature
ISBN: 3030242226
Category : Law
Languages : en
Pages : 132

View

Book Description
This open access book offers an analytical presentation of how Europe has created its own version of collective actions. In the last three decades, Europe has seen a remarkable proliferation of collective action legislation, making class actions the most successful export product of the American legal scholarship. While its spread has been surrounded by distrust and suspiciousness, today more than half of the EU Member States have introduced collective actions for damages and from those who did, more than half chose, to some extent, the opt-out system.This book demonstrates why collective actions have been felt needed from the perspective of access to justice and effectiveness of law, the European debate and the deep layers of the European reaction and resistance, revealing how the Copernican turn of class actions questions the fundamentals of the European thinking about market and public interest. Using a transsystemic presentation of the European national models, it analyzes the way collective actions were accommodated with the European regulatory environment, the novel and peculiar regulatory questions they had to address and how and why they work differently on this side of the Atlantic.

Author: Rachael Mulheron
Publisher: Bloomsbury Publishing
ISBN: 1847310966
Category : Law
Languages : en
Pages : 616

View

Book Description
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.

Author: David Burrows
Publisher: Bloomsbury Publishing
ISBN: 1526503182
Category : Law
Languages : en
Pages : 405

View

Book Description
Can you hear the child's voice? The Court of Appeal have commented that the family courts are 'still feeling their way forward in order to determine how best to 'hear the voice of a child'. In this new title David Burrows looks at the jurisprudence surrounding this remark, relates it to European and UN Convention rights and looks at the most recent children case law. It concentrates on: Children in court proceedings, particularly in family proceedings Contrasting the way courts hear children's views with the way their evidence is heard Any rights to which a child is entitled (common law; European Convention 1950; UN Conventions; and EU Directives), such as to confidentiality and to take part (or be heard) in proceedings. The meaning and effect of a child's 'understanding' in court proceedings, and the way that term varies according to a child's age and the issue before the court. Legislation and case law covered and analysed includes: Children Act 1989 and applicable Family Procedure Rules 2010 Human Rights Act 1998 and European Convention 1950 Civil Procedure Rules 1998 LASPO Act 2012 Youth Justice and Criminal Evidence Act 1999 Re D (A Child) (International Recognition) – child's right to be heard Re W (A Child)– rules for child representation in hearings P v A Local Authority (Fam) – legal aid and statutory damages Re W (Children) (Abuse: Oral Evidence) – child's evidence R (D (a minor)) v Camberwell Green Youth Court – safeguards in criminal law for children Protocol and Good Practice Model Disclosure of information in cases of alleged child abuse and linked criminal and care directions hearings – October 2013 Achieving Best Evidence: Guidance on interviewing children March 2011

Author: Jean-Benoit Pilet
Publisher: Routledge
ISBN: 1317929454
Category : Political Science
Languages : en
Pages : 288

View

Book Description
This book explores the ways in which political parties, in contemporary parliamentary democracies, choose their leaders and then subsequently hold them accountable. The authors provide a comprehensive examination of party leadership selection and accountability both through examination of parties and countries in different institutional settings and through a holistic analysis of the role of party leaders and the methods through which they assume, and exit, the office. The collection includes essays on Australia, Austria, Belgium, Canada, Germany, Hungary, Israel, Italy, Portugal, Romania, Spain, Norway and the United Kingdom which have important differences in their party systems, their degree of democratization, the role assigned to party leaders and their methods of leadership selection. Each country examination provides significant data relating to party rules and norms of leadership selection, leadership tenures and leadership contests. The book concludes with a chapter that merges the country data analyses to provide a truly comparative examination of the theoretical questions underlying the volume. This book will be of strong interest to students and scholars of legislative studies, elections, democracy, political parties, party systems, political elites and comparative politics.

Author: Christopher J. S. Hodges
Publisher:
ISBN: 9780198298960
Category : Law
Languages : en
Pages : 0

View

Book Description
This is the first practitioner's work on the new rule on Group Litigation Orders under Britain's Civil Procedure Rules. It provides exhaustive analysis of the new rule and relates it to the extensive experience that has been gained in the major multi-party actions of recent years.

Author: Damien Gerard
Publisher: Cambridge University Press
ISBN: 1108498086
Category : Law
Languages : en
Pages : 475

View

Book Description
Provides a new conceptualization of competition law as economic inequality and its interaction with efficiency become of central concern to policy and decision-makers.

Author: R. Doak Bishop
Publisher:
ISBN: 9780199551729
Category : Law
Languages : en
Pages : 0

View

Book Description
This publication from the International Bureau of the Permanent Court of Arbitration (PCA) presents a collection of studies on the key issues found in complex international commercial and investment disputes. Renowned authors from Europe and North America consider issues from perspectives emanating from both the Anglo-American and Continental European legal systems. The authors consider international multiparty arbitration and its attendant problems from both a conceptual and practical perspective, beginning with the overarching legal problems of determining the proper parties to the arbitration and the ambit of contractual consent. Topics which are comprehensively examined include: Joiner of parties and consolidation of arbitral proceedings; the challenges of administration of multiparty arbitrations; investment arbitration involving multiple parties and multiparty issues in investor-state arbitration; classwide arbitration and arbitrating mass investor claims; lessons that can be learnt from mass claims processes; and enforcement issues. The book also includes a practitioner-oriented discussion of multiparty arbitration in the construction industry.