Journal Mass Claims

Mass Claims

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Journal Mass Claims

2023-2

Foreword

Mass Torts and Mass Claims Litigation, Next Gen?
Mass Claims · 2023-2
Introduction · 16-01-2024
Author: L.H. Rosenthal
The UK and EU, among other countries, have been diligent and avid students of United States mass tort and mass claim litigation.  Papers abound on whether there are good American litigation practices that might fit other nations' approaches...

Articles

Collective Redress in Germany and the Transposition of the Representative Actions Directive
Mass Claims · 2023-2
Article · 16-01-2024
Authors: Dr. H. Schläfke, T.B. Lühmann
Germany is known to be hesitant and sometimes even reluctant when it comes to collective redress and has been somewhat late to the party. Is this also true when it comes to the transposition of the Representative Actions Directive? The Germ...
Collective Redress in Slovenia:
Mass Claims · 2023-2
Article · 16-01-2024
Authors: A. Krdžić, Z. Klobasa, K. Sajovic, S. Lugarič
Although the Slovenian Collective Actions Act was adopted in 2017,2 no collective action for damages pertaining to consumer rights has yet been finally concluded, leaving many questions untested in the judicial practice. In this article, we...
Residue Funding:
Mass Claims · 2023-2
Article · 16-01-2024
Author: S. Dethier
  This article introduces and analyses residue funding, a funding method for class actions that allocates the possible residue awarded after winning the case to the original funder. Residue funding can be designed in two different models: a...
Interview with Prof. Georg E. Kodek, the new President of the Austrian Supreme Court
Mass Claims · 2023-2
Article · 16-01-2024
Authors: J.M. Niemczyk, I. Tzankova, T. Schreiber
        Ianika Tzankova (IT): Professor Kodek, or should I say Judge Kodek? The first time I came across your name and your profile was in 2002-2003 in the context of the fundamental review of the Dutch code of civil procedure. I was a you...
Airbus and TikTok: developing contours of judicial assessment of funder influence and funder fees in Dutch collective actions
Mass Claims · 2023-2
Article · 16-01-2024
Author: mr. P.G.J. Wissink LLM
1. Introduction This duo of cases presents notable decisions by lower courts pertaining to third-party funding of mass claims under the (amended) Dutch collective action regime (WAMCA). The decisions shed some welcome light on the courts' i...
R (on the application of PACCAR Inc) v Competition Appeal Tribunal
Mass Claims · 2023-2
Article · 16-01-2024
Authors: A. Dannreuther, G. Shires
On 26 July 2023, the UK Supreme Court ("UKSC") handed down its judgment in R (on the application of PACCAR Inc) v Competition Appeal Tribunal ("Paccar"). The case concerned litigation funding agreements ("LFAs") pursuant to which the funder...
Country reports
Mass Claims · 2023-2
Article · 16-01-2024
Author: J.M. Niemczyk
England and Wales Anna Dannreuther  Case law R (on the application of PACCAR Inc) v Competition Appeal Tribunal [2023] UKSC 28; [2023] 1 WLR 2594   On 26 July 2023, the UK Supreme Court (``UKSC") handed down its judgment in R (on the applic...