Mass Claims

2023 nr. 1



M. de Monchy


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



Mass Claims, Communication and the Shaping of Society and Democracy

Lincoln Frakes1

Foreword   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 pay-out, his skepticism resonates today. Rarely does a week go by without headlines about mass claims. Without expressing a view on any particular case, it’s clear some personal injury and mass claim litigation, as portrayed in popular culture, is frivolous, trivial o... ...lees meer


An Inquiry Into the Swiss Class Action Regime and Learnings from the Australi...

Daniel Juri1

  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 action has been a dead letter. It examines the Class Action Bill, which aims at bringing the associative action to life, and reflects on the criticisms voiced by various interest groups. It engages in a comparative analysis of the Australian and Swiss regimes and, drawing on three decades of experience with class actions in Australia, highl... abonneren of dit artikel .

The developing field of ESG law and mass claim instruments: a challenging com...

Davine Roessingh and Jeroen de Boer1

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 field of ESG. The interplay between mass claims on the one hand and ESG on the other with many legislative developments as well as active regulators, academia and NGOs call for attention. To explore the role that mass claims can play in the context of ESG, court cases against the State and other public authorities must be considered as well as those again... abonneren of dit artikel .

Interview with Mr Axel Voss

Jeroen Kortmann and Till Schreiber1

Rapporteur of the European Parliament's Committee on Legal Affairs on its Recommendations for responsible private funding of litigation     abonneren of dit artikel .

Organisation and Design of Collective Redress in Europe

Antonia Hotter and Florian Scholz-Berger1

Workshop Report 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 Redress in Europe" dealt with the difficulties of transposing the Directive. After the enactment of the Representative Actions Directive in December 2020,[2] Member States had two years to transpose it into their national law. While many of them are currently... abonneren of dit artikel .

Marks & Clerk and Prismall: a continued development of representative actions...

Keith Thomas and Tom Otter1

Case Note: [2023] EWHC 398 (Comm) & [2023] EWHC 1169 (KB) 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 being used as to what might constitute the 'same interest' amongst a claimant group and the potential for bringing more claims on an "opt-out" basis. This represents a potentially major change to the usual "opt-in" case management arrangements generally used to manage large a... abonneren of dit artikel .


Country reports

England and Wales, France, Germany, Italy, The Netherlands, Portugal, Spain   England and Wales Anna Dannreuther Case 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 caused by the collapse of the Fundão Dam. The owners of the dam, BHP, had applied to strike out the claims on the basis they were a... abonneren of dit artikel .

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