Description
Book SynopsisThis insightful book considers phenomena such as mass torts, which affect numerous victims, and complex insolvency cases, which concern multiple and often competing interests.
The editors identify and respond to the need for reflection on the notion of 'mass justice'. The assembled contributors show that while private law is usually debated in terms of individual rights and duties, the reality is that these are deeply influenced by collective issues. They address examples such as the operation of class actions; the availability of insurance funds; the logistics of negotiating with and compensating a wide range of individuals; as well as distribution of assets in insolvency proceedings.
This unique and detailed book will appeal to academics and students of private law as well as those with an interest in law and society. Scholars from non-law disciplines with an interest in insurance and liability will also find this study thought-provoking, as will practitioners and policy makers.
Contributors: Z. Even, C. Hodges, G. Howells, E. Kocher, R. Lee, R. Merkin, D. Milman, R.A. Nagareda, W. Oosterveen, A. Stadler, R. Stech, J. Steele, W.H. van Boom, F.M.J. Verstijlen
Trade ReviewClaims for compensation in private law are traditionally categorised and considered as individual rights but, as this set of essays demonstrates, increasingly in practice they develop into collective claims. The problems this poses, and the variety of solutions available to deal with them, are expertly analysed across different legal systems. A publication of immense importance, for policymakers and practitioners alike. --Anthony Ogus, The University of Manchester, UK
Mass Justice is an interesting volume which Edward Elgar saw the wisdom of publishing since, in the United Kingdom, there is not much legal activity as regards class actions, unlike in the United States. --Sally Ramage, The Criminal Lawyer
Table of ContentsContents: 1. Mass Justice and its Challenges Jenny Steele and Willem H. van Boom 2. Mass Resolution of Mass Torts: Emerging Issues in the United States and the Global Future Richard A. Nagareda 3. Cy-près for Consumers: Ensuring Class Action Reforms Deal with ‘Scattered Damages’ Geraint Howells 4. Cross-border Mass Litigation: A Particular Challenge for European Law Astrid Stadler 5. Objectives, Mechanisms and Policy Choices in Collective Enforcement and Redress Christopher Hodges 6. Collective Rights and Collective Goods: Enforcement as Collective Interest Eva Kocher 7. Access to Environmental Justice in England and Wales: Funding Representation for Court Reviews of Administrative Action Robert Lee and Radoslaw Stech 8. Promoting Distributional Justice on Corporate Insolvency in the 21st Century David Milman 9. Dealing with Damages in Insolvency: The Insolvency Administrator’s Collective Claim for Damages versus Individual Claims of Creditors Frank M.J. Verstijlen 10. Historic Asbestos Exposure and Liability Insurance: Issues of Aggregation and Reinsurance Rob Merkin and Jenny Steele 11. The International Oil Pollution Compensation Funds and Dealing with the Masses Willem Oosterveen 12. Representation in Collective Bargaining on Employment Conditions in the Netherlands Zef Even Index
