This book examines the principal trends and policy goals relating to collective redress mechanisms in Europe. It identifies three principal areas in which procedures and debates have emerged within consumer protection and competition law, and from some national court systems. It identifies differing national models of public and private enforcement in consumer protection law in the Member States, and the search for more efficient and inclusive procedures that would deliver increased access to justice and enhanced compliance with desired standards (arguably through deterrence). A sequence of case studies illustrates the pros and cons of differing models. Lessons are also drawn from the experience of class actions in the US over the transactional costs of private law mechanisms and adverse economic consequences. The various policy strands are unraveled and prioritized, and options for the future are recommended. The American 'private enforcement' model is contrasted with the more prevalent European public and mediated enforcement tradition. New developments involving Ombudsmen and oversight of compensation by public enforcement bodies are identified, and underlying theories of restorative justice and responsive regulation discussed. Public, private, formal, informal, ADR, and voluntary methodologies are evaluated against criteria, and it is concluded that the optimal options for collective redress in Europe involve a combination of approaches, with priority given to public and voluntary solutions over private court-based mechanisms. This is the latest title in the successful Studies of the Oxford Institute of European and Comparative Law (OICEL) series, and will be of interest to politicians, the judiciary, and practitioners.
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...this is a great book, carefully researched and well written. It deserves to be read from all those interested and working in the field of collective redress, politicians, lawyers and academics, from the first till the last page. [Christopher Hodges provides for new insights and the rich material on which the proposal is based, comprehensive empirical evidence and intensive reference of the European and US scholarly work, invites all those who have a clear cut answer to the burning issue of 'private collective litigation' in mind to reconsider his or her position. The most inspiring and thought provoking book invites to push the debate even further and to raise questions that need to be investigated.Hans-Wolfgang MicklitzCommon Market Law ReviewVolume 46 Issue 1The books wide analysis goes beyond the narrow limits as to whether opt-in or opt out is the right approach in mass civil actions...the author goes beyond analysing symptoms of the problem to the deeper analysis of what the best approach to achieving justice should be...To fail to protect collective victims is not an option. The need is for practical solutions working together: this book is an significant start to that debate.John PeysnerCivil Justice QuarterlyVol 28, Issue 2...the material tracing the development of remedies across Europe is comprehensive and very useful for comparative purposes...The value of this book is that it sets out to test the utility rather than the structure of available solutions and accordingly makes a valuable contribution to the debate set in motion..by the Commission.Mark MildredModern Law Review2009All in all, this information-packed and stimulating work from an acknowledged expert in the field constitutes a major contribution to current debatesKen OliphantYearbook of European Tort Law 2009With his factual approach, Christopher Hodges goes beyond an over-idealized debate on collective redress mechanisms. This book is essential reading for anyone dealing with this issue, and wishing to get a deeper insight into the topic.Professor Dietmar BaetgeZeitschrift Fur Europaisches PrivatrechtMarch 2010
About the Author
Christopher Hodges is Head of the CMS Research Programme on Civil Justice Systems, Centre for Socio-Legal Studies, Oxford University.
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globalisation project, consumer code, civil justice council, unfair terms, empowered consumers, legal aid board, class action settlements, collective redress mechanisms, private litigation model, effective redress for consumers, private group action, blackmail settlements, consumer ombudsmen, class action model, concerted procedure, private damages claims, ordinary judicial proceedings, consumer protection field, competition damages, consumer detriment, private collective actions, consumer organisations, consumer redress, competition enforcement, unmeritorious claims Key Phrases - Capitalized Phrases (CAPs): (learn more)
Member States, United States, Green Paper, European Commission, Consumer Ombudsman, European Collective Approach, Case Study, Office of Fair Trading, Enterprise Act, The Problems, Consumer Collective Redress Mechanisms, Staff Working Paper, White Paper, Collective Enforcement of Consumer Law, Que Choisir, Injunctions Directive, European Parliament, Civil Code, Catholic University of Leuven, Sports Plc, Multi-Party Actions, Primacy of Public Bodies, European Level, Portuguese Presidency Conference, Europa Law Publishing Browse Sample Pages:
Front Cover | Table of Contents | First Pages | Index | Surprise Me!
globalisation project, consumer code, civil justice council, unfair terms, empowered consumers, legal aid board, class action settlements, collective redress mechanisms, private litigation model, effective redress for consumers, private group action, blackmail settlements, consumer ombudsmen, class action model, concerted procedure, private damages claims, ordinary judicial proceedings, consumer protection field, competition damages, consumer detriment, private collective actions, consumer organisations, consumer redress, competition enforcement, unmeritorious claims Key Phrases - Capitalized Phrases (CAPs): (learn more)
Member States, United States, Green Paper, European Commission, Consumer Ombudsman, European Collective Approach, Case Study, Office of Fair Trading, Enterprise Act, The Problems, Consumer Collective Redress Mechanisms, Staff Working Paper, White Paper, Collective Enforcement of Consumer Law, Que Choisir, Injunctions Directive, European Parliament, Civil Code, Catholic University of Leuven, Sports Plc, Multi-Party Actions, Primacy of Public Bodies, European Level, Portuguese Presidency Conference, Europa Law Publishing Browse Sample Pages:
Front Cover | Table of Contents | First Pages | Index | Surprise Me!
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