Christopher Hodges – författare
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31 produkter
31 produkter
3 407 kr
Skickas inom 7-10 vardagar
This is the first practitioner's work to deal in detail with the new rule (19.III) on Group Litigation Orders under the Civil Procedure Rules. Due to come into effect in mid-2000, it introduces for the first time specific provisions dealing with the procedural aspects of managing multi-party actions. The book provides exhaustive analysis of the new rule and relates it to the extensive experience which has been gained from the major multi-party actions of recent years, such as those relating to Opren, Benzodiazepine tranquilizers, the Sellafield radiation claims, the Lloyd's litigation, Norplant, the British Coal Vibration White Finger litigation and the British Coal respiratory disease litigation. The book includes fifteen case studies on these and other major cases, written by the practitioners involved and providing a major factual resource for all tort lawyers. The details of the matters in issue in these cases and their resolution have not previously been easily accessible, nor systematically analysed. Also included are chapters contributed by leading lawyers from the US, Canada, and Australia on their class action rules, which enables useful comparisons to be made on points both of principle and practice. Written by a leading expert in the field, the book provides a uniquely detailed analysis of multi-party actions and their management.
1 927 kr
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This book examines the European Community legislation that regulates the safety of consumer products. Hodges surveys the extent to which this legislation aims to and succeeds in achieving safety for a wide range of products. There are different legal requirements for medicines, machines, electronics, toys and so on, which employ different regulatory mechanisms, including pre-marketing assessment, provision of information, control of the manufacturing environment, post-marketing obligations on producers and authorities, and obligations on distributors and users. Hodges compares the various mechanisms relating to medicinal products, products covered by 'New Approach' Directives, cosmetics, biocides, tobacco products, and consumer products covered by the General Product Safety Directive, and asks why particular mechanisms are used, or not used for different products. The book then moves on to consider what is meant by product 'safety', demonstrating the relativity of this concept. Hodges highlights an important problem: that consumers, the media, and experts can all have differing ideas on the level of safety that is relevant and acceptable. Hodges contends that the systems are in need of review, to ensure they work effectively and give value for money. In some cases, there is an need for more or less control. He argues for more systematic collection of safety data, and for consistecy in surveillance and enforcement mechanisms across Europe, pointing towards the need for a European Product Safety Agency.
2 770 kr
Kommande
This highly-awaited second edition of Multi-Party Actions represents an updated, authoritative text on various collective action mechanisms in the civil procedure of England and Wales. Written by leading practitioners and academics, the text boasts new academic and policy analysis, as well as coverage of the new competition damages mechanisms and fresh collections of cases organised by subject matter.The UK is one of the leading jurisdictions where alternatives to collective actions have been developed .This edition includes coverage of regulatory redress mechanisms, collective ADR arrangements, and the practice of various UK ombudsmen. New UK legislation is covered, including the Consumer Rights Act 2015 and associated arrangements for competition law collective actions and redress scheme approvals. The book analyses the recent general policy developments in European policy on 'collective redress' and 'collective actions' which have emerged in response to the European Commission's 2013 recommendations. Both litigation practitioners and civil procedure academics will find this unique and extensive collection of case studies to be a practical and invaluable resource.
Del 622 - The ANNALS of the American Academy of Political and Social Science Series
The Globalization of Class Actions
Häftad, Engelska, 2009
1 235 kr
Skickas inom 3-6 vardagar
This groundbreaking volume of The ANNALS provides the first overview of class action laws and related mechanisms around the world. It features 30 "country reports" by leading scholars, describing the adoption, characteristics and consequences to date of class action and non-class group litigation procedures ranging across North and Latin America, Australia, Asia and Europe.
What were once seen as singular disputes between individuals (or between an individual and a corporation) are now viewed increasingly as group struggles against multinational corporations and other global institutions. This escalating trend of class actions and group litigation in private civil court cases extends well beyond the interest of lawyers. The social, economic, and political ramifications of permitting class actions are potentially vast—not just in the United States, but increasingly throughout the world, as in less than a decade the number of countries that permit representative litigation by private actors has multiplied dramatically.
The United States has led the way in these developments. Adopted by the U.S. federal judiciary in 1966, group litigation made it easier for individuals to come forward to claim remedies, including money damages, on behalf of large groups of similarly affected individuals. Class actions dramatically shift the balance of power between the "haves" and the "have-nots." Yet as this trend has grown in the United States. and has taken hold around the globe, little analysis has been done on the costs or outcomes of group litigation – and even less is known about litigants' and lawyers' choices to prosecute class actions.
There is impassioned debate over the cost and benefits of class litigation in the United States. Does it impose costs on economic factors that are larger than any benefit it creates – thereby diminishing social welfare? By placing responsibility for social reform and public policy in the hands of appointed judges or lay jurors – rather than elected legislators – does it produce outcomes that are not supported by the majority of citizens?
In December 2007, Stanford Law School and the Oxford Centre for Socio-Legal Studies organized an international conference that studied the global spread of class actions and group litigation procedures. Scholars, jurists, and practitioners from around the world gathered to discuss and debate the use of group litigation procedures and initiate a research project on the evolution of class actions and aggregate litigation worldwide.
This volume of The ANNALS is one result of that conference. Students, scholars and policymakers will find this anthology of reports to be an essential overview, providing a solid understanding of the effects of class actions around the globe.
Del 622 - The ANNALS of the American Academy of Political and Social Science Series
The Globalization of Class Actions
Inbunden, Engelska, 2009
2 248 kr
Skickas inom 3-6 vardagar
This groundbreaking volume of The ANNALS provides the first overview of class action laws and related mechanisms around the world. It features 30 "country reports" by leading scholars, describing the adoption, characteristics and consequences to date of class action and non-class group litigation procedures ranging across North and Latin America, Australia, Asia and Europe.
What were once seen as singular disputes between individuals (or between an individual and a corporation) are now viewed increasingly as group struggles against multinational corporations and other global institutions. This escalating trend of class actions and group litigation in private civil court cases extends well beyond the interest of lawyers. The social, economic, and political ramifications of permitting class actions are potentially vast—not just in the United States, but increasingly throughout the world, as in less than a decade the number of countries that permit representative litigation by private actors has multiplied dramatically.
The United States has led the way in these developments. Adopted by the U.S. federal judiciary in 1966, group litigation made it easier for individuals to come forward to claim remedies, including money damages, on behalf of large groups of similarly affected individuals. Class actions dramatically shift the balance of power between the "haves" and the "have-nots." Yet as this trend has grown in the United States. and has taken hold around the globe, little analysis has been done on the costs or outcomes of group litigation – and even less is known about litigants' and lawyers' choices to prosecute class actions.
There is impassioned debate over the cost and benefits of class litigation in the United States. Does it impose costs on economic factors that are larger than any benefit it creates – thereby diminishing social welfare? By placing responsibility for social reform and public policy in the hands of appointed judges or lay jurors – rather than elected legislators – does it produce outcomes that are not supported by the majority of citizens?
In December 2007, Stanford Law School and the Oxford Centre for Socio-Legal Studies organized an international conference that studied the global spread of class actions and group litigation procedures. Scholars, jurists, and practitioners from around the world gathered to discuss and debate the use of group litigation procedures and initiate a research project on the evolution of class actions and aggregate litigation worldwide.
This volume of The ANNALS is one result of that conference. Students, scholars and policymakers will find this anthology of reports to be an essential overview, providing a solid understanding of the effects of class actions around the globe.
Comparative Examination of Multi-Party Actions
The Case of Environmental Mass Harm
Inbunden, Engelska, 2016
938 kr
Skickas inom 10-15 vardagar
This monograph addresses the phenomenon of mass harm and how it may be resolved through collective redress. It examines particularly how such redress may be achieved through mechanisms such as multi-party actions (MPAs). In order to do this, an analytical framework is created against which to evaluate various multi-party procedures. This is illustrated through the experience of a selection of common law jurisdictions in dealing with mass harm – namely that of England and Wales, Canada, Australia and the United States, as well as that of EU collective redress. It examines multi-party action laws benchmarked against the objectives identified in the analytical framework. The phenomenon of environmental mass harm in particular is explored as a case study, as it illustrates some of the difficulties that may arise in mass harm litigation. Also, this work explores where the best solutions for mass harm redress may lie in the future – perhaps in collective actions or through alternatives such as regulation and alternative dispute resolution or a combination of these. Finally, the experience of mass harm litigation in Ireland is examined, as currently this jurisdiction does not have an effective mechanism for dealing with mass harm.This title is included in Bloomsbury Professional's International Arbitration online service.
Ethical Business Practice and Regulation
A Behavioural and Values-Based Approach to Compliance and Enforcement
Häftad, Engelska, 2017
454 kr
Skickas inom 10-15 vardagar
This book explains the concepts of Ethical Business Practice (EBP) and Ethical Business Regulation (EBR), a new paradigm in compliance and enforcement based on behavioural science and ethics. EBR provides the basis for an effective relationship between a business and its regulators, resulting in better outcomes for both. EBR is attracting extensive attention from regulators and businesses around the world. The UK Government’s 2017 Regulatory Futures Review draws on EBR as the foundation for its policy of ‘regulatory self-assurance’. EBR draws on findings from behavioural science, responsive regulation, safety and business and integrity management to create a practical and holistic approach. Examples include the open culture that is essential for civil aviation safety, the Primary Authority agreements between regulators and national businesses, and feedback mechanisms provided by market vigilance systems and sectoral consumer ombudsmen. This book provides an essential blueprint for sustainable business and effective future regulation.
1 249 kr
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This ground-breaking book takes a fresh look at potential non-litigation solutions to providing personal injury compensation. It is the first systematic comparative study of such a large number – over forty – of personal injury compensation schemes. It covers the drivers for their creation, the frameworks under which they operate, the criteria and thresholds used, the compensation offered, the claims process, statistics on throughput and costs, and analysis of financial costings. It also considers and compares the successes and failings of these schemes. Many different types of redress providers are studied. These include the comprehensive no-blame coverage offered by the New Zealand Accident Compensation Corporation; the widely used Patient, Pharmaceutical, Motor Accident and Workers Compensation Insurance systems of the Nordic states; the far smaller issue-focused schemes like the UK Thalidomide and vCJD Trusts; vaccine damage schemes that exist in many countries; as well as motor vehicle schemes from the USA. Conclusions are drawn about the functions, essential requirements, architecture, scope, operation and performance of personal injury compensation systems. The relationships between such schemes, the courts and regulators are also discussed, and both calls and need for reforms are noted.Noting the wide calls for reform of NHS medical negligence litigation within the UK, and its replacement with a no blame approach, the authors’ findings outline options for future policy in this area. This major contribution builds on general shifts from courts to ADR, and from blame to no blame in regulation, and is a work that has the potential to have a major impact on the field of personal injury redress.With contributions by Raymond Byrne, Claire Bright, Shuna Mason, Magdalena Tulibacka, Matti Urho, Mary Walker and Herbert Woopen.
1 125 kr
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This book explores how concerns can be raised about the NHS, why raising concerns hasn’t always improved standards, and how a no-fault open culture approach could drive improvements.The book describes a wide range of mechanisms for raising concerns about the NHS, including complaints, the ombudsman, litigation, HSIB, and the major inquiries since 2000, across the various UK jurisdictions. The NHS approach is contextualised within the broader societal developments in dispute resolution, accountability, and regulation. The authors take a holistic view, and outline practical solutions for reforming how the NHS responds to problems. These should improve the situation for those raising concerns and for those working within the NHS, as well as providing cost savings. The no-fault approaches proposed in the book provide long-term sustainable solutions to systemic problems, which are particularly timely given the impact of the COVID-19 pandemic on the NHS.The book will be of interest to academics, researchers, ADR practitioners, practising lawyers, and policy makers.
Pharmaceutical and Medical Device Safety
A Study in Public and Private Regulation
Inbunden, Engelska, 2019
1 000 kr
Skickas inom 10-15 vardagar
This book examines how regulatory and liability mechanisms have impacted upon product safety decisions in the pharmaceutical and medical devices sectors in Europe, the USA and beyond since the 1950s. Thirty-five case studies illustrate the interplay between the regulatory regimes and litigation. Observations from medical practice have been the overwhelming means of identifying post-marketing safety issues. Drug and device safety decisions have increasingly been taken by public regulators and companies within the framework of the comprehensive regulatory structure that has developed since the 1960s. In general, product liability cases have not identified or defined safety issues, and function merely as compensation mechanisms. This is unsurprising as the thresholds for these two systems differ considerably; regulatory action can be triggered by the possibility that a product might be harmful, whereas establishing liability in litigation requires proving that the product was actually harmful. As litigation normally post-dates regulatory implementation, the ‘private enforcement’ of public law has generally not occurred in these sectors. This has profound implications for the design of sectoral regulatory and liability regimes, including associated features such as extended liability law, class actions and contingency fees. This book forms a major contribution to the academic debate on the comparative utility of regulatory and liability systems, on public versus private enforcement, and on mechanisms of behaviour control.
1 136 kr
Kommande
Delivering Dispute Resolution
A Holistic Review of Models in England and Wales
Inbunden, Engelska, 2019
1 373 kr
Skickas inom 10-15 vardagar
This book reviews the techniques, mechanisms and architectures of the way disputes are processed in England and Wales. Adopting a comparative approach, it evaluates the current state of the main different types of dispute resolution systems, including business, consumer, personal injury, family, property, employment and claims against the state. It provides a holistic overview of the whole system and suggests both systemic and detailed reforms. Examining dispute resolution pathways from users’ perspectives, the book highlights options such as ombudsmen, regulators, tribunals and courts as well as mediation and other ADR and ODR approaches. It maps numerous sectoral developments to see if learning might be spread to other sectors. Several recurrent themes arise, including the diversification in the use of techniques; adoption of digital, online and artificial technology; cost and funding constraints; the emergence of new intermediaries; the need to focus accessibility arrangements for people and businesses that need help with their problems; and identifying effective ways for achieving behavioural change.This timely study analyses the shift from adversarial legalism to softer means of resolving social problems, and points to a major opportunity to devise an imaginative and holistic strategic vision for the jurisdiction.This title is included in Bloomsbury Professional's International Arbitration online service.
999 kr
Skickas
This book charts the transformative shifts in techniques that seek to deliver collective redress, especially for mass consumer claims in Europe. It shows how traditional approaches of class litigation (old technology) have been eclipsed by the new technology of regulatory redress techniques and consumer ombudsmen.It describes a series of these techniques, each illustrated by leading examples taken from a 2016 pan-EU research project. It then undertakes a comparative evaluation of each technique against key criteria, such as effective outcomes, speed, and cost. The book reveals major transformations in European legal systems, shows the overriding need to view legal systems from fresh viewpoints, and to devise a new integrated model.
1 187 kr
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This ground-breaking book addresses the challenge of regulatory delivery, defined as the way that regulatory agencies operate in practice to achieve the intended outcomes of regulation. Regulatory reform is moving beyond the design of regulation to address what good regulatory delivery looks like. The challenge in practice is to operate a regulatory regime that is both appropriate and effective. Questions of how regulations are received and applied by those whose behaviour they seek to control, and the way they are enforced, are vital in securing desired regulatory outcomes.This book, written by and for practitioners of regulatory delivery, explains the Regulatory Delivery Model, developed by Graham Russell and his team at the UK Department for Business, Energy and Industrial Strategy. The model sets out a framework to steer improvements to regulatory delivery, comprising three prerequisites for regulatory agencies to be able to operate effectively (Governance Frameworks, Accountability and Culture) and three practices for regulatory agencies to be able to deliver societal outcomes (Outcome Measurement, Risk-based Prioritisation and Intervention Choices). These elements are explored by an international group of experts in regulatory delivery reform, with case studies from around the world. Regulatory Delivery is the first product of members of the International Network for Delivery of Regulation.
Access to Justice for the Chinese Consumer
Handling Consumer Disputes in Contemporary China
Inbunden, Engelska, 2020
938 kr
Skickas inom 10-15 vardagar
This book offers a socio-legal exploration of localised consumer complaint processing and dispute resolution in the People’s Republic of China – now the second largest consumer market in the world – and the experiences of both ordinary and ‘professional’ consumers.Drawing on detailed analysis of an impressive body of empirical data, this book highlights local Chinese understandings and practice styles of ‘mediation’, and identifies in popular consciousness a continuing sense of reliance on the government for securing consumer rights in China. These are not only important features of consumer dispute processing in themselves, but also help to to explain why no ombudsman system has emerged.This innovative book looks at the nature of China’s distinctive dispute resolution and complaints system, issues within that system, and the experiences of consumers within it. The book illustrates the access to justice processes locally available to aggrieved consumers and provides a unique contribution to comparative consumer law studies in Asia and elsewhere.
Public and Private Enforcement of Securities Laws
The Regulator and the Class Action in Australia’s Continuous Disclosure Regime
Inbunden, Engelska, 2022
1 184 kr
Skickas
This book undertakes unique case studies, including interviews with participants, as well as empirical analysis, of public and private enforcement of Australian securities laws addressing continuous disclosure.Enforcement of laws is crucial to effective regulation. Historically, enforcement was the province of a government regulator with significant discretion (public enforcement). However, more and more citizens are being expected to take action themselves (private enforcement). Consistent with regulatory pluralism, public and private enforcement exist in parallel, with the capacity to both help and hinder each other, and the achievement of the goals of enforcement in a range of areas of regulation.The rise of the shareholder class action in Australia, backed by litigation funding or lawyers, has given rise to enforcement overlapping with that of the government regulator, the Australian Securities and Investments Commission. The ramifications of overlapping enforcement are explained based on detailed analysis. The analysis is further bolstered by the regulator’s approach to enforcement changing from a compliance orientation to a “Why not litigate?” approach.The analysis and ramifications of the Australian case studies involve matters of regulatory theory and practice that apply across jurisdictions. The book will appeal to practitioners, regulators and academics interested in regulatory policy and enforcement, and the operation of regulators and class actions, including their interaction.
Public and Private Enforcement of Securities Laws
The Regulator and the Class Action in Australia’s Continuous Disclosure Regime
Häftad, Engelska, 2023
553 kr
Skickas inom 10-15 vardagar
This book undertakes unique case studies, including interviews with participants, as well as empirical analysis, of public and private enforcement of Australian securities laws addressing continuous disclosure.Enforcement of laws is crucial to effective regulation. Historically, enforcement was the province of a government regulator with significant discretion (public enforcement). However, more and more citizens are being expected to take action themselves (private enforcement). Consistent with regulatory pluralism, public and private enforcement exist in parallel, with the capacity to both help and hinder each other, and the achievement of the goals of enforcement in a range of areas of regulation.The rise of the shareholder class action in Australia, backed by litigation funding or lawyers, has given rise to enforcement overlapping with that of the government regulator, the Australian Securities and Investments Commission. The ramifications of overlapping enforcement are explained based on detailed analysis. The analysis is further bolstered by the regulator’s approach to enforcement changing from a compliance orientation to a “Why not litigate?” approach.The analysis and ramifications of the Australian case studies involve matters of regulatory theory and practice that apply across jurisdictions. The book will appeal to practitioners, regulators and academics interested in regulatory policy and enforcement, and the operation of regulators and class actions, including their interaction.
553 kr
Skickas inom 10-15 vardagar
This book explores how concerns can be raised about the NHS, why raising concerns hasn’t always improved standards, and how a no-fault open culture approach could drive improvements.The book describes a wide range of mechanisms for raising concerns about the NHS, including complaints, the ombudsman, litigation, HSIB, and the major inquiries since 2000, across the various UK jurisdictions. The NHS approach is contextualised within the broader societal developments in dispute resolution, accountability, and regulation. The authors take a holistic view, and outline practical solutions for reforming how the NHS responds to problems. These should improve the situation for those raising concerns and for those working within the NHS, as well as providing cost savings. The no-fault approaches proposed in the book provide long-term sustainable solutions to systemic problems, which are particularly timely given the impact of the COVID-19 pandemic on the NHS.The book will be of interest to academics, researchers, ADR practitioners, practising lawyers, and policy makers.
Outcome-Based Cooperation
In Communities, Business, Regulation, and Dispute Resolution
Inbunden, Engelska, 2022
1 187 kr
Skickas inom 10-15 vardagar
How do we cooperate – in social, local, business, and state communities? This book proposes an Outcome-Based Cooperative Model, in which all stakeholders work together on the basis of trust and respect to achieve shared aims and outcomes. The Outcome-Based Cooperative Model is built up from an extensive analysis of behavioural and social psychology, genetic anthropology, research into behaviour and culture in societies, organisations, regulation, and enforcement. The starting point is acceptance that humanity is facing ever larger risks, which are now systemic and even existential. To overcome the challenges, humans need to cooperate more, rather than compete, alienate, or draw apart. Answering how we do that requires basing ourselves, our institutions, and systems on relationships that are built on trust. Trust is based on evidence that we can be trusted to behave well (ethically), built up over time. We should aim to agree common goals and outcomes, moderating those that conflict, produce evidence that we can be trusted, and examine our performance in achieving the right outcomes, rather than harmful ones. The implications are that we need to do more in rebasing our relationships in local groupings, business organisations, regulation, and dispute resolution. The book examines recent systems and developments in all these areas, and makes proposals of profound importance for reform. This is a new blueprint for liberty, solidarity, performance, and achievement.
Outcome-Based Cooperation
In Communities, Business, Regulation, and Dispute Resolution
Häftad, Engelska, 2024
565 kr
Skickas inom 10-15 vardagar
How do we cooperate – in social, local, business, and state communities? This book proposes an Outcome-Based Cooperative Model, in which all stakeholders work together on the basis of trust and respect to achieve shared aims and outcomes. The Outcome-Based Cooperative Model is built up from an extensive analysis of behavioural and social psychology, genetic anthropology, research into behaviour and culture in societies, organisations, regulation, and enforcement. The starting point is acceptance that humanity is facing ever larger risks, which are now systemic and even existential. To overcome the challenges, humans need to cooperate more, rather than compete, alienate, or draw apart. Answering how we do that requires basing ourselves, our institutions, and systems on relationships that are built on trust. Trust is based on evidence that we can be trusted to behave well (ethically), built up over time. We should aim to agree common goals and outcomes, moderating those that conflict, produce evidence that we can be trusted, and examine our performance in achieving the right outcomes, rather than harmful ones. The implications are that we need to do more in rebasing our relationships in local groupings, business organisations, regulation, and dispute resolution. The book examines recent systems and developments in all these areas, and makes proposals of profound importance for reform. This is a new blueprint for liberty, solidarity, performance, and achievement.
Regulation of International Commercial Arbitration
Arbitrators’ Duties and the Emerging Arbitral Market
Inbunden, Engelska, 2024
1 125 kr
Skickas inom 10-15 vardagar
This book addresses how the regulation of international commercial arbitrators takes place. International commercial arbitrators are a unique category of service providers because they are not organised as other professionals such as accountants, lawyers and doctors. The book provides an overview of how and why the regulation of international commercial arbitrators diverged from that of other professions. It also argues that, despite these differences, there is an effective regulatory environment overseeing the behaviour of international commercial arbitrators.The book unpicks the different elements that contribute to the creation and enforcement of professional norms in this field. It explains how the specific characteristics of the arbitral market create strong incentives for ethical norms to be created, even in the absence of the institutions that usually address these issues in other fields. It also describes how market and social forces drive arbitrators to comply with these norms in most circumstances. Finally, the book addresses the ways in which this regulatory system also explains some of the perceived weaknesses of arbitration, namely the rising costs of proceedings and the perceived unfairness of appointments.
Regulation of International Commercial Arbitration
Arbitrators’ Duties and the Emerging Arbitral Market
Häftad, Engelska, 2026
541 kr
Skickas inom 10-15 vardagar
This book addresses how the regulation of international commercial arbitrators takes place. International commercial arbitrators are a unique category of service providers because they are not organised as other professionals such as accountants, lawyers and doctors. The book provides an overview of how and why the regulation of international commercial arbitrators diverged from that of other professions. It also argues that, despite these differences, there is an effective regulatory environment overseeing the behaviour of international commercial arbitrators.The book unpicks the different elements that contribute to the creation and enforcement of professional norms in this field. It explains how the specific characteristics of the arbitral market create strong incentives for ethical norms to be created, even in the absence of the institutions that usually address these issues in other fields. It also describes how market and social forces drive arbitrators to comply with these norms in most circumstances. Finally, the book addresses the ways in which this regulatory system also explains some of the perceived weaknesses of arbitration, namely the rising costs of proceedings and the perceived unfairness of appointments.
337 kr
Skickas inom 5-8 vardagar
This book explains what regulation is – and is not. It clarifies how regulation actually works, and how it can be made better. It also sets out how regulation should be done given fundamental challenges and changes to how we have done it. What is regulation trying to achieve? Is there too much red tape? Does regulation impede growth and innovation? Does regulation provide protection, and stability, and fair behaviours? Is it effective? How do we know if it succeeds? The book illustrates competing regulatory models, and how multiple tools work – but also how things need to work differently in the future. Given the pace of change in new technologies, creating unknown and uncontrollable risks, and the global nature of these technologies, we can only keep ourselves safe if we modernise how we ‘do’ regulation and work in collaborative ecosystems in which everyone works together to identify and control new harms. We should be aiming to achieve multiple outcomes, including protection as well as fair markets, facilitating innovation, and economic growth and social cohesion. The book elucidates how this is all possible – if we organise ourselves and behave in new ways. Examples show sectors where all of this is already being applied – in Australia, Canada, New Zealand, and the UK.This is a revolutionary book, and a must-read for anyone who wants to effect change in their regulatory spaces.
1 000 kr
Skickas inom 10-15 vardagar
This book explains what regulation is – and is not. It clarifies how regulation actually works, and how it can be made better. It also sets out how regulation should be done given fundamental challenges and changes to how we have done it. What is regulation trying to achieve? Is there too much red tape? Does regulation impede growth and innovation? Does regulation provide protection, and stability, and fair behaviours? Is it effective? How do we know if it succeeds? The book illustrates competing regulatory models, and how multiple tools work – but also how things need to work differently in the future. Given the pace of change in new technologies, creating unknown and uncontrollable risks, and the global nature of these technologies, we can only keep ourselves safe if we modernise how we ‘do’ regulation and work in collaborative ecosystems in which everyone works together to identify and control new harms. We should be aiming to achieve multiple outcomes, including protection as well as fair markets, facilitating innovation, and economic growth and social cohesion. The book elucidates how this is all possible – if we organise ourselves and behave in new ways. Examples show sectors where all of this is already being applied – in Australia, Canada, New Zealand, and the UK.This is a revolutionary book, and a must-read for anyone who wants to effect change in their regulatory spaces.
1 966 kr
Skickas inom 5-8 vardagar
The landscape of mass litigation in Europe has changed impressively in recent years, and collective redress litigation has proved a popular topic. Although much of the literature focuses on the political context, contentious litigation, or how to handle cross-border multi-party cases, this book has a different focus and a fresh approach. Taking as a starting-point the observation that mass litigation claims are a ‘nuisance’ for both parties and courts, the book considers new ways of settling mass disputes. Contributors from across the globe, Australia, Canada, China, Europe and the US, point towards an international convergence of the importance of settlements, mediation and alternative dispute resolution (ADR). They question whether the spread of a culture of settlement signifies a trend or philosophical desire for less confrontation in some societies, and explore the reasons for such a trend. Raising a series of questions on resolving mass disputes, and fuelling future debate, this book will provide a challenging and thought-provoking read for law academics, practitioners and policy-makers.
Class Actions in Context
How Culture, Economics and Politics Shape Collective Litigation
Inbunden, Engelska, 2016
2 253 kr
Skickas inom 5-8 vardagar
In recent years collective litigation procedures have spread across the globe, accompanied by hot controversy and normative debate. Yet virtually nothing is known about how these procedures operate in practice. Based on extensive documentary and interview research, this volume presents the results of the first comparative investigation of class actions and group litigation 'in action'.Produced by a multinational team of legal scholars, this book spans research from ten different countries in the Americas, Europe, Asia and the Middle East, including common law and civil law jurisdictions. The contributors conclude that to understand how class actions work in practice, one needs to know the cultural factors that shape claiming, the financial arrangements that enable or impede litigation, and how political actors react when mass claims erupt. Substantive law and procedural rules matter, but culture, economics and politics matter at least as much.This book will be of interest to students and scholars of law, business and politics. It will also be of use to public policy makers looking to respond to mass claims; financial analysts looking to understanding the potential impact of new legal instruments; and global lawyers who litigate transnationally.Contributors: A. Barroilhet, C. Cameron, N. Creutzfeldt, M.A. Gómez, A. Halfmeier, D.R. Hensler, C. Hodges, K.-C. Huang, J. Kalajdzic, A. Klement, B. Stier, E. Thornburg, I. Tzankova, S. Voet
Reform of Class and Representative Actions in European Legal Systems
A New Framework for Collective Redress in Europe
Inbunden, Engelska, 2008
1 249 kr
Skickas inom 10-15 vardagar
This book examines the principal trends and policy goals relating to collective redress mechanisms in Europe. It identifies three principal areas in which procedures and debates have emerged: within consumer protection and competition law, and from some national court systems. It identifies differing national models of public and private enforcement in consumer protection law in the Member States, and the search for more efficient and inclusive procedures that would deliver increased access to justice and enhanced compliance with desired standards (arguably through deterrence). A sequence of case studies illustrates the pros and cons of differing models. Lessons are also drawn from the experience of class actions in the USA over the transactional costs of private law mechanisms, and adverse economic consequences. The various policy strands are unravelled and prioritised, and options for the future are recommended. The American 'private enforcement' model is contrasted with the more prevalent European public and mediated enforcement tradition.New developments involving Ombudsmen and oversight of compensation by public enforcement bodies are identified, and underlying theories of restorative justice and responsive regulation discussed. Public, private, formal, informal, ADR and voluntary methodologies are evaluated against criteria, and it is concluded that the optimal options for collective redress in Europe involve a combination of approaches, with priority given to public and voluntary solutions over private court-based mechanisms. "Reform of collective redress is the hottest topic in European civil justice today. Dr. Hodges, one of the world's leading experts in the field, provides a deeply informed evaluation of the current debates. Illustrative case studies drawn from both consumer protection and competition areas enrich and ground his provocative analysis of the complex issues at stake making this a "must-have" book for every practitioner, academic and policy-maker in the field". Professor Jane Stapleton, Australian National University, and University of Texas, Austin.
1 622 kr
Skickas inom 10-15 vardagar
This book contains the first major comparative study of litigation costs and methods of funding litigation in more than 30 jurisdictions. It was linked with the most comprehensive review of costs ever carried out in England and Wales by Lord Justice Jackson in 2009 and benefited from the assistance of leading practitioners around the globe. The study analyses the principles and rules that relate to paying courts, witnesses and lawyers, and the rules on cost shifting, if any. It also notes the major ways in which litigation can be funded, identifying the global trend on contraction of legal aid, the so far limited spread of contingency fees, and the growing new phenomenon of private third party litigation funding. The study also presents the results of nine case studies of typical claim types, so as to give a first overview comparison of which countries' legal systems are cheaper or more expensive.The book further contains national chapters with in depth analysis contributed by scholars in 18 jurisdictions (Australia, Belgium, Canada, China, Denmark, England & Wales, France, Germany, Japan, the Netherlands, New Zealand, Poland, Portugal, Russia, Spain, Switzerland, Taiwan and USA) and a further chapter on Latin American jurisdictions. 'Dr Hodges, Professor Vogenauer and Dr Tulibacka have conducted an excellent and thorough comparative study of litigation costs and funding across a wide range of jurisdictions ('the Oxford study'). The Oxford study is important, because it provides both context and background for any critical examination of our own costs and funding rules...I commend this book both for its breadth and detail and also for its percipient commentary. This work will make a valuable contribution to the debate which lies ahead about how the costs and funding rules of England and Wales should be reformed in order to promote access to justice.' From the Foreword by Lord Justice Jackson, Royal Courts of Justice, 16th July 2010
1 373 kr
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This is the first systematic comparative study into how consumer ADR systems (usually ombudsmen and médiateurs) work, the differing national architectures within which they operate and how they can be improved. It describes ADR schemes in Belgium, France, Germany, Lithuania, the Netherlands, Poland, Slovenia, Spain, Sweden and the United Kingdom as well as emerging pan-EU dispute resolution schemes. Use of the techniques of mediation, conciliation and adjudication are noted. It also covers EU measures on consumer ADR, and 2011 proposals for legislation on ADR and ODR. Data on volumes, cost and duration of ADR schemes are compared, both between different systems and with courts. The authors' findings underpin EU and national developments, and outline options for future policy. Findings and proposals are included for the functions, scope, performance, essential requirements, architecture and operation of ADR systems. The relationships between ADR, courts and regulators are discussed, and need for reforms are noted. This is a ground-breaking work that will have a major impact on European legal systems.This title is included in Bloomsbury Professional's International Arbitration online service.
Law and Corporate Behaviour
Integrating Theories of Regulation, Enforcement, Compliance and Ethics
Inbunden, Engelska, 2015
1 746 kr
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This book examines the theories and practice of how to control corporate behaviour through legal techniques. The principal theories examined are deterrence, economic rational acting, responsive regulation, and the findings of behavioural psychology. Leading examples of the various approaches are given in order to illustrate the models: private enforcement of law through litigation in the USA, public enforcement of competition law by the European Commission, and the recent reform of policies on public enforcement of regulatory law in the United Kingdom. Noting that behavioural psychology has as yet had only limited application in legal and regulatory theory, the book then analyses various European regulatory structures where behavioural techniques can be seen or could be applied. Sectors examined include financial services, civil aviation, pharmaceuticals, and workplace health & safety. Key findings are that ‘enforcement’ has to focus on identifying the causes of non-compliance, so as to be able to support improved performance, rather than be based on fear motivating complete compliance. Systems in which reporting is essential for safety only function with a no-blame culture. The book concludes by proposing an holistic model for maximising compliance within large organisations, combining public regulatory and criminal controls with internal corporate systems and external influences by stakeholders, held together by a unified core of ethical principles. Hence, the book proposes a new theory of ethical regulation.This title is included in Bloomsbury Professional's International Arbitration online service.