- Hardcover: 350 pages
- Publisher: Hart Publishing (7 Oct 2008)
- Language English
- ISBN-10: 1841139025
- ISBN-13: 978-1841139029
- Product Dimensions: 23.4 x 16 x 2.8 cm
- Amazon Bestsellers Rank: 1,134,138 in Books (See Top 100 in Books)
- See Complete Table of Contents
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Product Description
Review
Reform of collective redress is the hottest topic in European civil justice today. Dr. Hodges, one of the world's leading experts in the field, provides a deeply informed evaluation of the current debates. Illustrative case studies drawn from both consumer protection and competition areas enrich and ground his provocative analysis of the complex issues at stake making this a must have book for every practitioner, academic and policy-maker in the field. --Professor Jane Stapleton, Australian National University, and University of Texas, Austin
Product Description
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 USA over the transactional costs of private law mechanisms, and adverse economic consequences.The various policy strands are unravelled and prioritised, 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 a seminal text pointing to the future for class action in Europe. It will be of interest to politicians, the judiciary and practitioners. This is the latest title in our successful "Studies of the Oxford Institute of European and Comparative Law" series.
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