Collective Actions

A Comparative Study of Safeguards and Barriers

By Rebecca Money-Kyrle

The procedural rules applicable to collective redress ought to filter out cases which do not fulfill certain criteria determined in accordance with the assumed or explicit aims of the mechanisms. These rules may be regarded as 'safeguards' against abusive litigation or barriers to access to justice. Typical examples include rules restricting rights qualifying for collective redress, admissibility controls, restrictions on legal standing and representation, and controls on funding and costs. Whether such rules act as justifiable 'safeguards' or 'barriers' depends on the conceptual model and policy aims adopted in each jurisdiction. Thus, this wide-ranging study of collective redress has two aims. The book first examines different conceptual models of collective redress, and then it undertakes a detailed comparative review of examples of those models to ascertain which types of safeguards or barriers are incorporated in order to maximize the effectiveness and policy aims. The jurisdictions studied stretch from the US, Latin America, and Europe, to Asia and Africa. Besides examining generic collective redress mechanisms, the book takes into account 'regulatory' enforcement models, such as sector-specific collective procedures in consumer protection, financial services and securities law, environmental protection, employment law, and fundamental rights. (Series: Civil Justice Systems) [Subject: Collective Redress, Legal Procedure, Comparative Law, Socio-Legal Studies]

464 pages

Not Yet Published
Format: Cloth
ISBN: 9781849463690