Journal
Mass Claims

2022-1

Colophon

Published by:
Den Hollander, [email protected], www.denhollander.info
Editorial Board
Machteld de Monchy, Chairwoman (Partner at De Brauw Blackstone Westbroek)
Duncan Fairgrieve (Professor at Université Paris-Dauphine)
Jeroen Kortmann (Professor at University of Amsterdam and Partner at Stibbe)
Rachael Mulheron (Professor at Queen Mary University of London)
Till Schreiber (Managing director of CDC cartel damages claims)
Ianika Tzankova (Professor at Tilburg University and Founding Partner at Birkway)
Editorial Bureau
Assistant to the Editorial Board
Justyna Niemczyk, [email protected] (+31 20 577 1721)
National Rapporteurs
Fernando Aguilar de Carvalho, Portugal (Partner at Uria Menendez)
Maria José Azar-Baud, France (Professor at the University of Paris-Saclay)
Daniel Beard QC, England (Barrister at Monckton Chambers)
Miklos Boronkay, Hungary (Partner at Szecskay)
Hakim Boularbah, Belgium (Partner at Loyens & Loeff)
Jakob Dahl Mikkelsen, Denmark (Director at Kromann Reumert)
Anna Dannreuther, England (Barrister at Field Court Chambers)
Catherine Derrig, Ireland (Partner at McCann FitzGerald)
Tanja Domej, Switzerland (Professor at the Univerisity of Zurich)
Ariel Flavian, Israel (Partner at Herzog, Fox & Neeman and Professor at Haifa University)
Joanna Fulton, Scotland (Partner at Burness Paull)
Sylvie Gallage-Alwis, France (Partner at Signature Litigation)
Cristian Gual Grau, Spain (Partner at Uria Menendez)
Paul Hitchings, Spain (Managing Partner at Hitchings & Co)
Csongor Istvan Nagy, Hungary (Professor at the University of Szeged)
Augusta Maciuleviciute, Pan-EU (Senior Legal Officer at the BEUC)
Jackie McArthur, England (Barrister at Essex Court Chambers)
Andreas Meidell, Norway (Partner at Thommessen)
Paul Oberhammer, Austria (Of Counsel at WilmerHale)
Miguel Sousa Ferro, Portugal (Professor at the University of Lisbon Law School)
Astrid Stadler, Germany (Professor at the University of Konstanz)
Eva Storskrubb, Sweden (Counsel at Roschier)
Daniele Vecchi, Italy (Partner at GOP)
Stefaan Voet, Belgium (Professor at KU Leuven)
Johanna Wirth, Germany (Partner at Hengeler Mueller)
Special rapporteur
Kimela Shah (Principal at Oxera): Economic analysis in the context of litigation and arbitration
Advisory Board
Edward Belobaba, Canada (Judge with the Superior Court of Justice in Ontario)
Robert Michael Dow Junior, United States (District Judge of the United States District Court for the Northern District of Illinois)
Mieke Dudok van Heel, The Netherlands (Judge at the Court of Amsterdam)
Wim Driehuis, The Netherlands (Emeritus Professor Economics and Business at the University of Amsterdam)
Deborah Hensler, United States (Professor of Dispute Resolution and Associate Dean for Graduate Studies at Stanford Law School)
Burkhard Hess, Pan-EU (Director of the Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law)
Jasminka Kalajdzic, Canada (Associate Professor and Director of the Class Action Clinic at Windsor Law)
Georg Kodek, Austria (Judge at the Austrian Supreme Court)
Bernard M. Murphy, Australia (Judge with the Federal Court of Australia)
María Arántzazu Ortiz, Spain (Judge at the Appeal Court of Mallorca)
Fabian Reuschle, Germany (Judge at the Stuttgart Regional Court)
Lee Rosenthal, United States (Chief United States District Judge of the United States District Court for the Southern District of Texas)
Peter Roth, England (President of the UK Competition Appeal Tribunal)
Diana Wallis, England (ex-Vice President of the European Parliament)
Subscriptions
www.massclaims.com
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Foreword

German Experience: Court Cases as a Stepping Stone for Legislation
Mass Claims · 2022-1
Introduction · 12-07-2022
Author: F.R. Reuschle
In Germany we have many mass claims. In recent years there has been a growing interest in civil procedure rules for cases of mass torts in Germany. To understand the need and the development of collective redress system in Germany, it's wor...

Articles

Third Party Funding, Class Actions, and the Question of Regulation:
Mass Claims · 2022-1
Article · 12-07-2022
Author: R.P. Mulheron
With third party funding of litigation becoming more prevalent in Europe, the European Parliament issued a report in June 2021 which calls for greater regulation of the participants in the industry. Meanwhile, third party funding has long b...
Mass claims: How to Value Data
Mass Claims · 2022-1
Article · 12-07-2022
Authors: David Jevons, Lirio Barros, K. Shah
Data has become a critical ingredient in the modern economy. In the same way oil powered the industrial revolution, data has powered the technological revolution of the last twenty years. Many of the world's biggest companies are now firms...
The 'new' Italian Class Action:
Mass Claims · 2022-1
Article · 12-07-2022
Author: Giacomo Pailli
This article examines the newly reformed Italian class action system against the background of the main features of Italian civil procedure. The new law moved the class actions from the Consumer code to the Code of civil procedure, and addr...
Conversation on collective redress with the former Vice President of the European Parliament, Diana Wallis
Mass Claims · 2022-1
Article · 12-07-2022
Authors: I.N. Tzankova, D. Fairgrieve
        Diana: You asked me how I first became involved with issues of collective redress. I don't think that as a practicing solicitor I have ever dealt with a collective redress claim. That being said, I was a fairly senior litigator for...
Judicial Insights into the United Kingdom's Group Litigation Regime
Mass Claims · 2022-1
Article · 12-07-2022
Author: Barbara Fontaine
The following is an edited version of a speech which Senior Master Fontaine delivered to the inaugural meeting of the Collective Redress Lawyers' Association (CORLA), which was held at Chancery Lane, London, on 31 March 2022. Senior Master...
Standing of Consumer Organizations in Data Protection Representative Actions
Mass Claims · 2022-1
Article · 12-07-2022
Author: S.V. Yakovleva
In 2018, the General Data Protection Regulation (GDPR)2 introduced a representative actions mechanism in data protection cases. One of the pressing issues related to the application of this mechanism is its interaction with already existing...
Country reports
Mass Claims · 2022-1
Article · 12-07-2022
England and WalesAnna Dannreuther and Jackie McArthurCase LawLloyd v Google [2021] UKSC 50 This was a representative claim brought by an iPhone user, alleging that Google had breached its obligations as a data controller under s. 4(4) of th...