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Vol 24 No 8 Aug/Sept 2019

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Fisher and Lightwood's Law of Mortgage

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Jurisdiction and Cross-Border Collective Redress: A European Private International Law Perspective


ISBN13: 9781509930296
Published: July 2019
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £85.00



In stock.

Also available as
£76.50
+ £15.30 VAT

Over the past decades, the rise of cross-border law violations has harmed numerous victims around the globe. In those cases, the damages are often dispersed and low. As a result, the private enforcement gap has deepened and collective redress represents an interesting procedural instrument that is able to provide effective access to justice.

The book thoroughly analyses the dominant collective redress models adopted in the EU. Information from 13 Member States has been catalogued and categorised. Research mainly focuses on the consumer law field but frequent references to financial and data protection-related cases are made. The dominant collective redress models are then studied from a private international law perspective. In particular, the book highlights the current mismatch between collective redress on the one hand, and rules on international jurisdiction on the other.

Additionally, it notes that barriers to crossborder litigation remain significant for victims and their representatives. The unprecedented empirical study included in this book confirms that statement. Observing that EU measures have not satisfactorily lowered those barriers, it proposes the creation of a new head of jurisdiction for international collective redress cases. By so doing, it will appeal to legal practitioners, judges and policy-makers.

Subjects:
Conflict of Laws
Contents:
Introduction
I. The Rise of Mass Damages and the Corresponding Private Enforcement Gap
II. Collective Redress to the Rescue
III. Efforts at the EU Level
IV. Delineation of the Material Scope
V. Towards the Construction of an Appropriate Regime on International Jurisdiction in Collective Redress Cases
1. Back to the Origin: The US Class Action
I. A Primer on Class Actions
II. Pre-Certification Questions
III. Class Certification
IV. Post-Certification Steps
V. Conclusion
2. Collective Redress Mechanisms in the EU
I. Developments of National Collective Redress Mechanisms
II. The Role of the EU
III. Conclusion
3. Private International Law Analysis
I. Jurisdiction under the Brussels Regulation (Recast) (BIa)
II. Jurisdiction and Collective Redress
III. Conclusion
4. Proposal for an Appropriate Forum Regarding Collective Redress Actions
I. Appropriateness of the Current Provisions and Proposals for Reform
II. Proposal
III. Conclusion
Final Conclusions
I. Harmonisation of Collective Redress Mechanisms: Unity over Diversity
II. The Proposal: Access to Justice over Unity

Series: Studies in Private International Law

The Private International Law of Authentic Instruments ISBN 9781509907632
To be published April 2020
Hart Publishing
£80.00
The Nature and Enforcement of Choice of Court Agreements: A Comparative Study ISBN 9781509936410
To be published February 2020
Hart Publishing
£40.00
Economic Sanctions in EU Private International Law ISBN 9781509933518
To be published January 2020
Hart Publishing
£85.00
Recognition and Enforcement of Judgments in Civil and Commercial Matters
Edited by: Anselmo Reyes
ISBN 9781509924257
Published September 2019
Hart Publishing
£110.00
£76.50 + £15.30 VAT
(ePub)
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The Choice of Law Contract ISBN 9781509926800
Published January 2019
Hart Publishing
£29.99
Forum Non Conveniens in England: Past, Present, and Future ISBN 9781782256403
Published December 2018
Hart Publishing
£50.00
Forum Non Conveniens in England: Past, Present, and Future (eBook) ISBN 9781509925780
Published December 2018
Hart Publishing
£45.00 + £9.00 VAT
(ePub)
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Electronic Consumer Contracts in the Conflict of Laws 2nd ed ISBN 9781509920105
Published January 2018
Hart Publishing
£34.99
Cross-Border Litigation in Europe ISBN 9781782256762
Published November 2017
Hart Publishing
£90.00
Cross-Border Litigation in Europe (eBook) ISBN 9781782256779
Published November 2017
Hart Publishing
£81.00 + £16.20 VAT
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£80.00
£72.00 + £14.40 VAT
(ePub)
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Maintenance And Child Support in Private International Law ISBN 9781509915507
Published June 2017
Hart Publishing
£31.99
£24.99
The Choice of Law Contract (eBook) ISBN 9781509901029
Published July 2016
Hart Publishing
£26.98 + £5.40 VAT
(ePub)
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The Choice of Law Contract ISBN 9781849467643
Published July 2016
Hart Publishing
£65.00
Recovery of Maintenance in the EU and Worldwide
Edited by: Paul Beaumont
ISBN 9781509909285
Published June 2016
Hart Publishing
£41.99
Electronic Consumer Contracts in the Conflict of Laws 2nd ed (eBook) ISBN 9781782259305
Published October 2015
Hart Publishing
£31.48 + £6.30 VAT
(ePub)
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Electronic Consumer Contracts in the Conflict of Laws 2nd ed ISBN 9781849466912
Published October 2015
Hart Publishing
£75.00
Maintenance And Child Support in Private International Law ISBN 9781849467179
Published March 2015
Hart Publishing
£70.00
Maintenance And Child Support in Private International Law (eBook) ISBN 9781509903566
Published March 2015
Hart Publishing
£28.78 + £5.76 VAT
(ePub)
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£60.00
£22.48 + £4.50 VAT
(ePub)
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Recovery of Maintenance in the EU and Worldwide (eBook)
Edited by: Paul Beaumont
ISBN 9781782254690
Published July 2014
Hart Publishing
£37.78 + £7.56 VAT
(ePub)
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Recovery of Maintenance in the EU and Worldwide
Edited by: Paul Beaumont
ISBN 9781849465731
Published July 2014
Hart Publishing
£95.00
The Hague Child Abduction Convention: A Critical Analysis ISBN 9781849460170
Published November 2013
Hart Publishing
£85.00
The Hague Child Abduction Convention: A Critical Analysis (eBook) ISBN 9781782253099
Published November 2013
Hart Publishing
£76.50 + £15.30 VAT
(ePub)
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£67.50 + £13.50 VAT
(ePub)
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Child Abduction within the European Union ISBN 9781849463973
Published March 2013
Hart Publishing
£70.00
Child Abduction within the European Union (eBook) ISBN 9781782250838
Published March 2013
Hart Publishing
£63.00 + £12.60 VAT
(ePub)
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Intellectual Property and Private International Law: Comparative Perspectives (eBook)
Edited by: Toshiyuki Kono
ISBN 9781847319708
Published June 2012
Hart Publishing
£225.00 + £45.00 VAT
(ePub)
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Intellectual Property and Private International Law: Comparative Perspectives
Edited by: Toshiyuki Kono
ISBN 9781849462310
Published June 2012
Hart Publishing
£250.00
The Governing Law of Companies in EU Law (eBook) ISBN 9781847319272
Published April 2012
Hart Publishing
£63.00 + £12.60 VAT
(ePub)
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The Governing Law of Companies in EU Law ISBN 9781849462969
Published April 2012
Hart Publishing
£70.00
£117.00 + £23.40 VAT
(ePub)
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£130.00
Mediating International Child Abduction Cases: The Hague Convention (eBook) ISBN 9781847318657
Published October 2011
Hart Publishing
£58.50 + £11.70 VAT
(ePub)
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Mediating International Child Abduction Cases: The Hague Convention ISBN 9781849461818
Published October 2011
Hart Publishing
£65.00
International Child Abduction: The Inadequacies of the Law (eBook) ISBN 9781847318565
Published August 2011
Hart Publishing
£63.00 + £12.60 VAT
(ePub)
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International Child Abduction: The Inadequacies of the Law ISBN 9781849461566
Published August 2011
Hart Publishing
£70.00
Cases and Materials on EU Private International Law (eBook) ISBN 9781847317636
Published April 2011
Hart Publishing
£49.48 + £9.90 VAT
(ePub)
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Cases and Materials on EU Private International Law ISBN 9781849460279
Published April 2011
Hart Publishing
£54.99
Jurisdiction and Judgments in Relation to EU Competition Law Claims ISBN 9781841136592
Published December 2010
Hart Publishing
£90.00
£81.00 + £16.20 VAT
(ePub)
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Foreign Currency Claims in the Conflict of Laws ISBN 9781841138923
Published April 2010
Hart Publishing
£60.00
Electronic Consumer Contracts in the Conflict of Laws ISBN 9781841138473
Published September 2009
Hart Publishing
Out of print