Mass Claims

2024 nr. 1

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Redactie

Hoofdredactie

M. de Monchy

Redactie

Susanne Augenhofer
D. Duncan Fairgrieve
J. Kortmann
T. Schreiber
I. Tzankova

 

Inleiding

Bundling of follow-on damages claims – an efficient way to litigate in the Ne...

Mieke Dudok van Heel1

Private enforcement actions are often brought in the Netherlands as mass claims. Claimants do not – and cannot (yet) – use the procedure for collective actions provided for in the Dutch Code of Civil Procedure since 1 January 2020,[1] but bring the claims using the 'assignment model'. A special purpose vehicle (litigation or claim vehicle), usually financed by professional litigation funders, 'collects' claims – sometimes thousands – from numerous injured parties – usually substantial companies in their own right – throughout Europe, or even beyond, an... ...lees meer

Artikel

To Settle or Not to Settle; That's the Question

Ruud Hermans1

An Economic Analysis of the Factors Determining the Settlement of Mass Damage Disputes and Implications for Legal Practice 1. Introduction In many cases, large numbers of victims have suffered or continue to suffer damages for which a limited number of parties are deemed responsible, at least from the victims' perspective.[2] This constitutes mass damage, which requires collective redress to be resolved. Collective redress for mass damage refers to dispute resolution (a) on behalf of or for the benefit of a large number of victims,[3] (b) against a l... abonneren of dit artikel .

Adjudicating Asbestos Claims In California and England:

Jo-Lynne Lee1

A Comparative Study Asbestos injury litigation is "the longest-running mass tort in U.S. history."[2] It has continuously and substantially impacted the California trial courts.[3]  This study,[4] comparing the judicial approaches to asbestos litigation in England[5] and California was prompted by demographic data reflecting that despite the five-fold greater mesothelioma deathrate in Britain than in the U.S.,[6] the English courts devote dramatically less judicial time and resources to the management and resolution of asbestos claims than their counterparts in California... abonneren of dit artikel .

Navigating Current Issues and Future of Collective Redress:

Justyna M. Niemczyk1

Key Takeaways from the 2024 Global Class Actions and Mass Tort Conference On 23 and 24 May 2024, the Perfect Law Global Class Actions and Mass Tort Conference took place in London. This year's conference attracted a diverse group of practitioners, judges, economists and litigation funders from Europe, North America and Australia. Over two days, attendees could choose from 18 panel sessions covering topics such as certification conditions and the restriction of collective actions through contractual clauses. This report discusses takeaways from several particularl... abonneren of dit artikel .

Overig

Country reports

England and Wales, France, Germany, Italy, The Netherlands, Portugal, Spain, Switzerland   England and Wales Anna Dannreuther, Gladuela Lawrence  Case law Commission Recovery Limited v Marks & Clerk LLP & Another [2024] EWCA Civ 9   On 18 January 2024, the Court of Appeal ("CoA") handed down its judgment in Commission Recovery Limited (Respondent) v Marks & Clerk LLP & Another (Appellant)... abonneren of dit artikel .

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