Journal Mass Claims
2022-2
Foreword
Mass claims in competition law - a UK perspective
Author:
Sir Peter Roth
The first attempt by the United Kingdom to introduce a provision for collective actions for competition claims was a failure. In 2002, the UK competition legislation was amended to enable a designated body to bring claims on behalf of a...
Articles
Judge Siofra O'Leary, President of the European Court of Human Rights, Strasbourg, on Protocol 16 of the European Convention of Human Rights
Author:
A.E.C.M. Verhagen
We are delighted to have the opportunity to discuss with you the advisory opinion procedure under Protocol 16 of the European Convention of Human Rights. 1. Maybe we could start by discussing the evolution of the number of individual...
For Justice, Not Profit: Public Funding of Collective Redress
Author:
mr. dr. C.J.A. van Geffen
Third-party litigation funding (TPLF) is widely viewed outside of Canada and the United States as indispensable to a viable collective litigation regime. Australia, for example, has a robust TPLF industry that has funded hundreds of class a...
Encountering Class Actions in Swedish Law and Society
Author:
Michael Molavi
Class actions in Sweden are not flourishing. This article examines why the oldest class action regime in Scandinavia has not developed into anything more than a peripheral addition to the Swedish legal landscape, drawing on relevant procedu...
Bundling of claims by way of assignment in Italy
Author:
Giorgio Afferni
Bundling of claims by assignment (the so-called assignment model) is rapidly emerging in the European Union ("EU") as the favorite alternative to group actions for damages (either collective or representative).2 This is particularly true fo...
The role of class representatives in mass claims: Establishing the Class Representatives Network in the UK
Author:
Kate Wellington
In 2015 a new Consumer Rights Act2 entered the statute books in the UK. It propelled the country's consumer rights framework into the modern era, bringing together a variety of hitherto disparate rules and regulations. But tucked away at th...
VEB v BP: Centralisation of special jurisdiction in case of purely financial damages resulting from misinformation spread on the secondary securities market
Author:
Tess Bens
The judgment of the CJEU in VEB v BP confirms that the occurrence of purely financial loss in a bank account or investment account is in itself insufficient to allocate jurisdiction on the basis of Article 7(2) of the Brussels Ibis Regulati...
Country reports
England and WalesAnna Dannreuther and Jackie McArthurCase lawMunicípio de Mariana and others v BHP Group (UK) Ltd (formerly BHP Group plc) and another [2022] EWCA Civ 951, [2022] 1 WLR 4691 This litigation concerns the collapse of the Fundã...
