Mass Claims

2022 nr. 1



M. de Monchy


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



German Experience: Court Cases as a Stepping Stone for Legislation

Dr Fabian Reuschle1

Foreword   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 worth to look at three mass torts cases in Germany's history and analyze their legal consequences.   Firstly, in the late 1950s and early 1960s, around 5,000 children in Germany and many more worldwide were born with deformities as a consequence of thalidomide use. The criminal case against nine senio... ...lees meer


Third Party Funding, Class Actions, and the Question of Regulation:

Rachael Mulheron1

A Topical Analysis 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 been the subject of self-regulation in the United Kingdom, and has received considerable judicial support for the access to justice which the funding stream facilitates. However, the class action regime introduced into the law of the United Kingdom in 2015 arguably casts new light upon whether a more robust for... abonneren of dit artikel .

Mass claims: How to Value Data

David Jevons, Lirio Barros and Kimela Shah1

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 whose business model relies on data. Data is not just valuable to large technology firms. Since Moore's law[2] has reduced the cost of sensors, processors, storage and connectivity, both smaller firms and consumers are able to take advantage of the lower transaction costs and better matching of digitisation to enable more interactions and transactions ... abonneren of dit artikel .

The 'new' Italian Class Action:

Dr Giacomo Pailli1

Another Step Forward 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 addressed some of the shortcomings which emerged in the ten years of the previous mechanism, i.a., by lowering the costs of publicity, increasing the chances for opt-in of class members (including after the decision on the merits), providing for some form of success fees and laying down rules on settlements. abonneren of dit artikel .

Judicial Insights into the United Kingdom's Group Litigation Regime

Barbara Fontaine1

Opinion piece 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 Fontaine was admitted as a solicitor in 1978, and prior to her judicial career, was an equity partner in the global law firm Baker & Mackenzie, where she was based in the Hong Kong office for six years. Senior Master Fontaine was appointed as Senior Master of the Queen's Bench Division in 2014, and since that date, has... abonneren of dit artikel .

First judgment on a health-related group action in the Dépakine case

Maria José Azar-Baud1

Case note: TJ Paris, 5 Jan. 2022, n° 17/07001 On 5 January 2022, the Tribunal judiciaire of Paris[2] declared admissible the first French health-related group action[3] and found the pharmaceutical laboratory liable. It is the first time an action of this type has reached the stage of the judgment on the merits. The finding of the court was based both on the fault – breach of obligation of care and obligation to provide information – and on the defect in the anti-epileptic drugs the defendant produced and marketed. Following the group action regime, as set out in the Publ... abonneren of dit artikel .

Standing of Consumer Organizations in Data Protection Representative Actions

Dr Svetlana Yakovleva1

Case Note: C-319/20, ECLI:EU:C:2022:322 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 representative actions mechanisms under EU Member States' consumer, unfair commercial practices and unfair contract terms laws. In its landmark preliminary ruling of 28 April 2022, the Court of Justice of the European Union (CJEU) clarified that the GDPR affords a wide margin of appreciation fo... abonneren of dit artikel .


Country reports

England and Wales, France, Hungary, Italy, the Netherlands, Portugal, Spain, Switzerland   England and Wales Anna Dannreuther and Jackie McArthur Case Law Lloyd 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 the Data Protection Act 1998, by secretly tracking the internet usage of the claimant and millions of other iPhone users, and using the data thereby collected for commercial purposes... abonneren of dit artikel .

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