Foreword

A wave of reforms has swept class action regimes in many parts of the world. By 2019, significant amendments were introduced in the so-called first and second generation class regimes, the United States, Canada, Australia and Israel.2 These jurisdictions introduced specific provisions to address commercial litigation funding, cy près distributions and overlapping class action lawsuits. In Ontario, an overhaul of its statute in 2020 sought to modernize the class action mechanism, particularly by introducing important protections for class members to improve transparency and accountability at settlement.3 Class actions continue to evolve to keep pace with changes in our fast-paced world.

 The articles in this volume of Mass Claims illustrate that tides of reform are sweeping across EU jurisdictions as well. These changes are driven largely by the 2020 EU Representative Actions Directive,4 which required member states to make it easier for claimants to bring cases on behalf of multiple claimants. But amendments have also been spurred by European Court of Justice rulings and national interests.

As the reader will discover, Belgium expanded the scope of legal fields in which class actions may be brought. The Netherlands expanded its standing rule. And in Germany, key aspects of the design of the capital investor model proceedings were changed in order to create a mechanism that is more flexible and more efficient in dealing with mass harm situations.

The authors do more than explain these important reforms. They critically assess whether the changes will achieve the ends sought and they make practical suggestions for continued improvement. Such academic engagement with the law and practice of mass claims is vital to ensure old rules keep apace of real world developments, and new rules are effective in meeting the policy goals that inspired them.

The authors and editorial board are to be commended for their continued commitment to exploration of all aspects of civil litigation's most powerful device.