The Class Action in Common Law Legal Systems: A Comparative Perspective [Hardcover]

Rachael Mulheron (Author)

Book Description

Publication Date: November 1, 2004 | ISBN-10: 1841134368 | ISBN-13: 978-1841134369

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. 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 three 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.

Editorial Reviews

Review

a concise examinationit will provide an excellent source for those new to this subject, offering clear discussion of the major themes and extensive references to further readingJillaine SeymourCambridge Law Journal, Volume 65/1March 2006well organized and clearly written, especially in the light of the vast amount of legislation, policy reports, and cases that she assembles and analyzesIt is a masterful work. No policymaker, lawyer, professor, or judge with a significant interest in this type of litigation should be without this book.W.A. BogartWindsor Yearbook of Access to Justice2006It is both of high academic merit and practical use. Whilst clearly there are complexities in class action proceedings, these complexities do not follow through into the author's explanations.an invaluable resource for any Law Reform Commission or Legal Advisory Body researching class actions. The text is a 'must have' for any Australian law library and for any academic or practitioner involved in class action proceedings. It is pretty good value too given the cost of legal texts in this day and age.Warren PengilleyNewcastle Law ReviewOctober 2005...refreshingly free of the turgid prose that is often associated with academic works. It will appeal to a broad spectrum of readers.The Commonwealth Lawyer: Journal of the Commonwealth Lawyers' AssociationAugust 2005...a welcome, substantial, and valuable contribution...essential readingSusan M.C. GibbonsLaw Quarterly ReviewSpring 2006..a noteworthy and timely endeavor,..aimed not only at professionals needing an up-to-date overview of several regimes, but also at comparative law and civil procedure scholars, who will applaud the attempt to disperse the fog and prejudices still attached to this type of litigation. this is an important book, which lays out the current law concerning three 'grown up' class action regimesessential reading..Dr Carla CrifoCivil Justice Quarterly2005an exceptionally intelligent and comprehensive study of the class action as it has developed in a number of common law jurisdictionsThere is an embarrassment of riches within the pages of Mulheron's study. The usefulness and scope of the material contained within this volume is much too plentiful to be adequately captured in this review. Mulheron often uses tables to contrast important differences between the jurisdictions, and there is a useful appendix containing relevant legislation. This book will surely be of great value to judiciary across the common law world, and should also be the first port of call for a practitioner confronted with a class action. Mulheron's comparative approach is also of substantial academic value.John TownsendCommon Law World Review36 1 (72), 2007

About the Author

Rachael Mulheron is currently Senior Lecturer at Queen Mary University of London.

Product Details

• Hardcover: 535 pages
• Publisher: Hart Publishing (November 1, 2004)
• Language: English
• ISBN-10: 1841134368
• ISBN-13: 978-1841134369
• Product Dimensions: 9.2 x 6.5 x 1.8 inches
• Shipping Weight: 2.3 pounds (View shipping rates and policies)
• Amazon Best Sellers Rank: #1,976,744 in Books (See Top 100 in Books)

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