Mulheron Class Actions and Government

Erscheinungsjahr 2020
ISBN: 978-1-108-85098-8
Verlag: Cambridge University Press
Format: PDF
Kopierschutz: Adobe DRM (»Systemvoraussetzungen)

E-Book, Englisch, 0 Seiten

The relationship between class actions and government makes for a nuanced and fascinating study. Government sets the scene by implementing and designing the regime, by choosing whether to act as a seed-funder for the regime, and by deciding to what extent it should regulate the regime against worldwide classes being litigated on its doorstep. It can then become a key player in the litigation itself. Government may be a representative claimant bringing the action, or a class member, or a potential financial beneficiary. Most commonly of all, it may be a defendant, being sued under the very regime which it enacted into law. With numerous opt-out class action regimes around the common law world in place, and others on the horizon, the book takes a comparative perspective throughout, and concludes with a series of recommendations, drawn from that comparative analysis of government's intricate interplay with class actions.

Autoren/Hrsg.

Mulheron, Rachael

Fachgebiete

• Wirtschaftswissenschaften Volkswirtschaftslehre Wirtschaftspolitik, politische Ökonomie
• Rechtswissenschaften Recht, Rechtswissenschaft Allgemein Rechtsvergleichung
• Sozialwissenschaften Politikwissenschaft Regierungspolitik Wirtschafts- und Finanzpolitik

Inhaltsverzeichnis

1. Introduction; Part I. 'Preparing a Path to the Stadium': 2. Government as class actions enabler; 3. Government as class actions designer; 4. Government as class actions funder; 5. Government as 'gate-keeper': cross-border class actions; Part II. 'As a Participant in the Match': 6. Government as representative claimant; 7. Government as class member; 8. Government as class actions defendant; 9. Government as class actions beneficiary; 10. Conclusion: levelling the playing field.

Über Autor(innen)

Mulheron, Rachael
Rachael Mulheron is Professor of Tort Law and Civil Justice at Queen Mary University of London. She is widely published in the class actions field and is also the author of the textbook, Principles of Tort Law (Cambridge, 2016). Professor Mulheron was academic member of the Civil Justice Council of England and Wales between 2009 and 2018 and, in that capacity, chaired various working parties, provided an empirical study on class actions, and served as principal author of various other reports and publications for the government. She also served as a member of the relevant rules-drafting committee in 2015, which prepared rules of court for the United Kingdom's first opt-out class action.