Mass Justice


Mass Justice

Challenges of Representation and Distribution

9781849805063 Edward Elgar Publishing
Edited by Jenny Steele, University of York, UK and Willem H. van Boom, Leiden Law School, Leiden University, the Netherlands
Publication Date: 2011 ISBN: 978 1 84980 506 3 Extent: 320 pp
This insightful book considers phenomena such as mass torts, which affect numerous victims, and complex insolvency cases, which concern multiple and often competing interests.

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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.
Critical Acclaim
‘Mass Justice is an interesting volume which Edward Elgar saw the wisdom of publishing since, in the United Kingdom, there is not much legal activity as regards class actions, unlike in the United States. . .’
– Sally Ramage, The Criminal Lawyer

‘Claims for compensation in private law are traditionally categorised and considered as individual rights but, as this set of essays demonstrates, increasingly in practice they develop into collective claims. The problems this poses, and the variety of solutions available to deal with them, are expertly analysed across different legal systems. A publication of immense importance, for policymakers and practitioners alike.’
– Anthony Ogus, Professor Emeritus, University of Manchester, UK and Erasmus University Rotterdam, the Netherlands
Contributors: Z. Even, C. Hodges, G. Howells, E. Kocher, R. Lee, R. Merkin, D. Milman, R.A. Nagareda, W. Oosterveen, A. Stadler, R. Stech, J. Steele, W.H. van Boom, F.M.J. Verstijlen

1. Mass Justice and its Challenges
Jenny Steele and Willem H. van Boom

2. Mass Resolution of Mass Torts: Emerging Issues in the United States and the Global Future
Richard A. Nagareda

3. Cy-près for Consumers: Ensuring Class Action Reforms Deal with ‘Scattered Damages’
Geraint Howells

4. Cross-border Mass Litigation: A Particular Challenge for European Law
Astrid Stadler

5. Objectives, Mechanisms and Policy Choices in Collective Enforcement and Redress
Christopher Hodges

6. Collective Rights and Collective Goods: Enforcement as Collective Interest
Eva Kocher

7. Access to Environmental Justice in England and Wales: Funding Representation for Court Reviews of Administrative Action
Robert Lee and Radoslaw Stech

8. Promoting Distributional Justice on Corporate Insolvency in the 21st Century
David Milman

9. Dealing with Damages in Insolvency: The Insolvency Administrator’s Collective Claim for Damages versus Individual Claims of Creditors
Frank M.J. Verstijlen

10. Historic Asbestos Exposure and Liability Insurance: Issues of Aggregation and Reinsurance
Rob Merkin and Jenny Steele

11. The International Oil Pollution Compensation Funds and Dealing with the Masses
Willem Oosterveen

12. Representation in Collective Bargaining on Employment Conditions in the Netherlands
Zef Even

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