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Collective and Mass Litigation in Europe

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Collective and Mass Litigation in Europe

Model Rules for Effective Dispute Resolution

9781789906042 Edward Elgar Publishing
Edited by Astrid Stadler, Professor and Chair in Civil Law, Procedural Law and Private International Law, and Comparative Law, University of Konstanz, Germany, Emmanuel Jeuland, Director, Sorbonne Institute of Legal Research and Professor of Private and Criminal Law, University of Paris I Pantheon-Sorbonne, France and Vincent Smith, Assistant Professor, ESCP Business School, UK and France; Visiting Fellow, British Institute of International and Comparative Law, UK; Solicitor, (England and Wales)
Publication Date: November 2020 ISBN: 978 1 78990 604 2 Extent: c 392 pp
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.

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Critical Acclaim
Contributors
Contents
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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.

Chapters investigate important issues for mass and collective actions including certification of actions as suitable for collective treatment, collective settlement, costs and funding. Concluding with insights from class action experts outside Europe, this incisive book provides objective perspectives on this rapidly developing area of European legal practice and proposes areas where these rules may influence class actions internationally.

Collective and Mass Litigation in Europe will be a key resource for scholars and students of collective redress and civil procedure. The commentary on this significant benchmark in collective redress litigation will also be of benefit to policy makers, judges and legal practitioners involved in mass claims.
Critical Acclaim
‘With the recent adoption of the EU Directive on collective redress, a study on the respective rules in the European Rules of Civil Procedure proposed by UNDROIT and ELI is most welcome. These rules are intended to serve as a model for national legislatures, precisely what is needed now in order to implement the new directive. The editors assembled a team of leading academics and practitioners from around the globe. The book is well-organized and not only provides a succinct commentary on the ERCP rules on collective redress, but goes beyond that by contributing to a truly in-depth understanding of the subject of collective redress in general.’
– Georg Kodek, Vienna University of Economics and Business, Austria

'The concept of developing model rules for a European Civil Procedure Code has, as its zenith, the topic of collective redress, given the longstanding variances of legal attitude, culture, substantive law, and procedural rules across the EU member states on this intricate topic. This ambitious work, via its various contributors, makes an important and thoughtful contribution to the collective redress journey, by drawing out the differences, and commonalities, that inform the essential ability of any legal system to enable access to justice for those who could not otherwise afford it.'
– Professor Rachael Mulheron, Queen Mary University of London, UK

‘A specifically European model of collective redress is taking shape. Its progressive construction owes much to lessons learned from across the Atlantic, so that its design can be seen in many ways as a response to what was long seen as American exceptionalism. As Europe opens up to aggregate litigation and the emergence of “the statistical victim” (famously so-termed by Sheila Jasanoff), the analyses provided in this book will serve usefully to navigate the complex procedural issues that accompany the transplant.'
– Horatia Muir Watt, Sciences Po Law School, France
Contributors
Contributors include: P. Cashman, F. Gascón Inchausti, C.-s. Han, E. Jeuland, R. Marcus, V. Smith, A. Stadler, M. Strandberg, M. Stürner, I. Tzankova, N. Von Hinten Reed, S. Voet, H. Zaneti Jr.






Contents
Contents:

1. General introduction
Astrid Stadler, Emmanuel Jeuland and Vincent Smith

2. The concept of ‘party’
Emmanuel Jeuland

3. Joinder, consolidation and group claims
Vincent Smith

4. Change of parties: representation, substitution, assignment
Emmanuel Jeuland

5. Introduction: collective redress
Astrid Stadler, Emmanuel Jeuland and Vincent Smith

6. Type of claim, structure and certification of collective proceedings
Astrid Stadler

7. Legal standing in collective redress
Ianika Tzankova

8. Case management and the role of the judge
Magne Strandberg and Vincent Smith

9. Evidence in collective redress proceedings under the ERCP
Fernando Gascón Inchausti

10. Calculating compensation in collective redress claims
Nils von Hinten-Reed

11. Collective settlements
Astrid Stadler

12. Costs and funding of collective redress proceedings
Stefaan Voet

13. Cross-border issues
Michael Stürner

14. ERCP collective redress and the wider world
Astrid Stadler, Emmanuel Jeuland, Vincent Smith, Richard Marcus, Peter Cashman, Choong-soo Han and Hermes Zaneti Jr.

Index

This title is available for institutional purchase via Elgaronline.

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eISBN: 978 1 78990 605 9
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