EU CLASS ACTIONS: A PRACTITIONER’S VIEWPOINT

Slides:

Advertisements

Similar presentations

Law and the legal system

Advertisements

The civilian consequences of competition law violations Copenhagen 28 September European Commission, DG Competition How can we construe a European.

Financial Services and Consumer redress Unit DG SANCO The Commission‘s initiative on Collective Redress.

Tort Reform Gina Bollotta | Chester Conforte | Ari Friedman Michael Lucas | Andrew Sidoti | Chris Tornabene Jesse Worbington.

Ch. 5-3 Civil Procedure.

1 SUBSTANCE & PROCEDURE IN THE LAW APPLICABLE TO TORTS: Harding v Wealands George Panagopoulos Richards Butler.

Jurisdictional issues in liability insurance Presented by Silvan A. Said Gulf Insurance Institute.

Siena 2005 REGULATION OF THE LEGAL PROFESSION Nuno GAROUPA Universidade Nova de Lisboa CEPR, Londres.

Copyright … Strode’s College Laws students are free to make use of ‘Pdf Print files’ for study purposes (they should print them off and take them to class).

Administrative Law Markus Dubber. Administrative Law in Action: Crime Victim Compensation Compensation for Victims of Crime Act, Where any person.

Equal Opportunities and Sport

Civil Law Resolutions to disputes between people..

Civil Law. You are a basketball star who was late for practice. You rushed out your door, tripped over your neighbor’s dog, and broke your wrist. You.

A Worldwide Forum Ina Brock and Joe Cyr. Pharmaceutical Product Liability in Europe… Is increasingly mass torts litigation involving claims brought in.

 Actions taken to deliberately harm another person or their property  Intent, desire or motive do not count only the action.

Copyright © 2005 Pearson Education Canada Inc. Business Law in Canada, 7/e, Chapter 2 Business Law in Canada, 7/e Chapter 2 The Resolution of Disputes.

Difference between criminal and civil law Learning Objectives Describe the difference between criminal and civil law and identify key features Explain.

Winston & Strawn LLP © 2010 International Association of Defense Counsel Joint Regional Meeting with the British Institute of International and Comparative.

Fines: A Contextual Approach The views expressed herein are solely those of the author and do no necessarily represent the views of the Federal Trade Commission.

Test Yourself: Introduction to the Courts. Starting with the highest court in England and Wales, put the following civil courts in order of importance:

Law for Business Mr. Bernstein What Can a Tort Victim Collect? pp October 14, 2014.

Private actions in competition law Ali Nikpay, Senior Director, Office of Fair Trading The views expressed are personal and do not necessarily reflect.

1 Introduction to Law Introduction to Law – Part 1 (Categories and Sources of Law)

Playing by the Local Rules Ben Macfarlane ( Clark Zhou (

Presented to the Association of Corporate Counsel, Ontario Chapter By: Jason H. Wilson and Paul J. Loh Moderator: Sanjeev Dhawan May 21, 2015.

Thursday, 2 March 2006 EU CLASS ACTIONS: A PRACTITIONER’S VIEWPOINT Presented by Paul Llewellyn.

Health Economics & Policy 3 rd Edition James W. Henderson Chapter 12 The Legal System and Medical Malpractice.

Unit 2 Chapter 5 Legal Environments of Business (LEB)

Chapter 15 Law in America.

Ch. 15 Law in America. Is Legal Reform Needed? Lawsuit abuse “Litigious society” Tort reform Lawyer jokes.

Patent Remedies Assistant Professor Colleen Chien

Attorney is another name for a Lawyer. There are more than 1 million lawyers in the United States –More than 70% have their own private practice –10%

Opt in vs. Opt out Emmanuel Gybels. 2 Introductionary remark : there is not one answer to this question – approach varies depending on type of claim and.

What is “law”?  coercive nature of law (i.e., not voluntary)  rules of the “sovereign” (legitimate authority) backed by force  Problem:  who is the.

Civil Law Civil Law – is also considered private law as it is between individuals. It may also be called “Tort” Law, as a tort is a wrong committed against.

Consumer collective redress in the EU : The Loch Ness Monster ? Monique Goyens Director-General Presidency conference Vilnius – 4 October 2013.

What is Law and why do we need it? What is the difference between Civil and Criminal Law? What is the Standard of Proof?

Judicial Review and the Impact of Europe Lower 6 Politics.

Personal Injury Laws Objective: Discuss what damages are available to victims of torts Explain the various stages of a civil suit Bellwork: What are damages?

Gavin Booth FCILT Chairman, Bus Users UK EU rules on the right of passengers: consumers’ view.

SMEs and private enforcement of competition law Rachel Burgess Ph:

EU Agency for Fundamental Rights

Access to justice and funding.

This week… How can I make successful notes for revision?

Unit 1: The Nature of Law and the Welsh and English Legal Systems Civil Courts: Structure and Appeals Civil Courts.

The Attack on Access to Justice A talk by David Sorensen, Partner

PRICE-FIXING CARTELS IN SMALL OPEN ECONOMIES

Week 3 – Civil Courts Structure

Power of the Market Free Enterprise.

Access to justice and funding.

UNIVERSITY OF MONTENEGRO INSTITUTE OF FOREIGN LANGUAGES

Robert Humphreys US Government

Introduction to Civil Law

Hierarchy of courts Exercises.

The Libel Trap How to avoid getting sued! Rosie Burbidge 22 April 2017.

The Judgement and Civil Remedies

ICN | The interplay between private enforcement and leniency policy

Lesson 1- Introduction to our legal system

George Panagopoulos Richards Butler

The interaction between public and private enforcement of EU competition rules Helena Penovski European Competition Network and Private Enforcement Unit.

Chapter 3 – The Meaning of Citizenship

Personal Injury Law Overview

Component 1: Introduction to Health Care and Public Health in the U.S.

ECtHR-FRA Handbook on European law relating to access to justice

Civil Courts: Judgment and Civil Remedies

Chapter 15 Courts Judges and the Law.

Chapter 3 – The Meaning of Citizenship

King John and the Magna Carta

When Do You Need a Lawyer?????

Presentation transcript:

EU CLASS ACTIONS: A PRACTITIONER’S VIEWPOINT Presented by Paul Llewellyn Thursday, 2 March 2006

LORD STEYN HAS OBSERVED: “The question is sometimes raised whether (our) system should be replaced by the system of class actions as it is known in the United States….. Massive awards for injuries, which are not of a serious kind, would rightly not be tolerated by English public opinion. (Further), it is a feature of class actions in the United States that firms of lawyers earn billions of dollars in cases which do not even come to trial and often result in meagre recoveries by individual claimants. This too would be unacceptable in England.

LORD STEYN HAS OBSERVED (cont): Finally, I would say that in England there is a general perception among judges, in this respect reflecting public opinion, that the tort system is becoming too expensive and wasteful. There is also an unarticulated but nevertheless real conviction among judges that we must not allow our social welfare state to become a society bent on litigation. The introduction of United States-style class action cannot but contribute to such unwelcome developments in our legal system”

THE HOUSE OF LORDS’ IN TOMLINSON V THE HOUSE OF LORDS’ IN TOMLINSON V. CONGLETON BOROUGH COUNCIL AND OTHERS: “The pursuit of an unrestrained culture of blame and compensation has many evil consequences and one is certainly the interference with the liberty of the citizen”.

MICHAEL HAUSFELD: “…a crusade to export America’s legal system around the world”. “The future in Europe for both law and society is good”.

WHERE ARE WE GOING?

EUROPEAN MOTIVES Enhancing access to justice Providing effective remedies Deterring corporate malpractice Maintaining fair competition

EUROPEAN RESTRAINTS ON CLASS ACTIONS No juries No punitive damages No contingency fees Loser pays Limited discovery

THREATS TO THE RESTRAINTS Changes in litigation culture Raising of claimant expectations Changes to meet disappointed expectations The privatisation of proceedings EU initiatives

EU GREEN PAPER ON PRIVATE ANTITRUST CLAIMS Class actions Greater discovery Double damages Loser does not pay “…encouraging a competition culture, not a litigation culture.”

IN THE UK The Women & Work Commission Reports Better Regulation Task Force Report on legal redress

WHERE IS THE NEED?