Journal Mass Claims

Mass Claims

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Journal Mass Claims

2023-1

Foreword

Mass Claims, Communication and the Shaping of Society and Democracy
Mass Claims · 2023-1
Introduction · 24-07-2023
Author: L.S. Frakes
Spill a cup of coffee Make a million dollars   sang Toby Keith in 2009, as he ironically listed things that make America what it is today. Referring to a fast-food customer who spilled coffee in the car on the way to work and won a large p...

Articles

An Inquiry Into the Swiss Class Action Regime and Learnings from the Australian Experience
Mass Claims · 2023-1
Article · 25-07-2023
Author: D. Juri
  While class action procedures are spreading around the world, the Swiss legislator is struggling to find a meaningful regime for collective redress. This article describes the current Swiss legal framework and explains why associative act...
The developing field of ESG law and mass claim instruments: a challenging combination
Mass Claims · 2023-1
Article · 24-07-2023
Authors: D.C. Roessingh, J.W. de Boer
ESG is a broad concept entailing several – or: many – aspects of sustainable conduct. Mass claims based on private law notions have long been an instrument in pursuing interests that would nowadays be dubbed to be part of the developing fie...
Interview with Mr Axel Voss
Mass Claims · 2023-1
Article · 24-07-2023
Authors: J.S. Kortmann, T. Schreiber
            Q: You are a Member of the European Parliament and are a key member of the Committee on Legal Affairs. Please give our readers some background about you and your political agenda.   A: Sure; I have been an MEP since 2009 and am...
Organisation and Design of Collective Redress in Europe
Mass Claims · 2023-1
Article · 24-07-2023
Authors: A.H. Hotter, F. Scholz-Berger
The national provisions transposing the Representative Actions Directive should have been adopted and published by December 2022. Despite that, numerous Member States have failed to do so. The Workshop "Organisation and Design of Collective...
Marks & Clerk and Prismall: a continued development of representative actions in English case law
Mass Claims · 2023-1
Article · 24-07-2023
Authors: K. Thomas, T.G. Otter
Recent case law developments in England suggest that it may be possible for the English Civil Procedure Rule 19.8 to be applied more broadly than has previously been countenanced, at least in recent history, with a wider interpretation bein...
Country reports
Mass Claims · 2023-1
Article · 24-07-2023
England and WalesAnna DannreutherCase law Município de Mariana v BHP Group (UK) Ltd [2022] EWCA Civ 951 The Supreme Court has refused permission to appeal in this case brought by 202,600 Brazilian claimants seeking compensation for damage c...