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Access to Justice for Vulnerable and Energy-Poor Consumers: Just Energy?

Naomi Creutzfeldt, Chris Gill, Marine Cornelis, Rachel McPherson

ISBN13: 9781509950492

Published: February 2023

Publisher: Hart Publishing

Country of Publication: UK

Format: Paperback (Hardback in 2021)

Price: £42.99

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Hardback edition , ISBN13 9781509939435

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How do ordinary people access justice? This book offers a novel socio-legal approach to access to justice, alternative dispute resolution, vulnerability and energy poverty. It poses an access to justice challenge and rethinks it through a lens that accommodates all affected people, especially those who are currently falling through the system. It raises broader questions about alternative dispute resolution, the need for reform to include more collective approaches, a stronger recognition of the needs of vulnerable people, and a stronger emphasis on delivering social justice.

The authors use energy poverty as a site of vulnerability and examine the barriers to justice facing this excluded group. The book assembles the findings of an interdisciplinary research project studying access to justice and its barriers in the UK, Italy, France, Bulgaria and Spain (Catalonia). In-depth interviews with regulators, ombuds, energy companies, third-sector organisations and vulnerable people provide a rich dataset through which to understand the phenomenon. The book provides theoretical and empirical insights which shed new light on these issues and sets out new directions of inquiry for research, policy and practice. It will be of interest to researchers, students and policymakers working on access to justice, consumer vulnerability, energy poverty, and the complex intersection between these fields.

Subjects:: Human Rights and Civil Liberties

Contents:: Introduction I. Introduction II. An Orientation to Key Concepts III. Contribution to Socio-Legal Scholarship IV. Outline of the Book's Content and Argument V. A Note on Case Study Selection and Methodology VI. The Structure of this Book; PART I ACCESS TO JUSTICE FOR VULNERABLE AND ENERGY-POOR CONSUMERS; 1. The Access to Justice Challenge I. Introduction II. The Scale and Nature of the Access to Justice Challenge III. Understanding the Barriers to Access to Justice IV. Particular Barriers Facing Energy Consumers V. Consumer Vulnerability and Energy Poverty as Barriers to Accessing Justice VI. Barriers Experienced by Vulnerable and Energy-Poor Consumers: Highlights from Our Data VII. Conclusion 2. A Holistic Vision of Access to Justice I. Introduction II. Access to Justice Beyond Lawyers and Courts III. Beyond Procedural Access to Justice IV. Reforming Access to Justice V. Conclusion 3. European Union Law and Policy on Access to Justice I. Introduction II. Recognition of Vulnerability and Energy Poverty in EU Law and Policy III. The Development of ADR for Consumer Disputes in the Energy Sector IV. Access to Justice, Collective Redress and Consumer Protection Measures V. Ongoing Problems for Vulnerable and Energy-Poor Consumers in the European Energy Market VI. Conclusion 4. ADR and Access to Justice I. Introduction II. Initial Observations Based on the Access to Justice Literature III. The Critical Debate on Access to Justice and ADR IV. Specific Issues in the Consumer-Disputing Context V. Conclusions 5. ADR and Access to Justice: Empirical Insights I. Introduction II. Empirical Insights III. Discussion IV. Conclusion 6. Everyday Experiences and the Role of Local Actors I. Introduction II. Legal Alienation, Relational Distance and Access to Justice III. Vulnerable and Energy-Poor Consumers, the Energy Market and Formal Institutions: Stories of Alienation and Disconnection IV. Local Actors: More than Intermediaries V. Conclusion 7. Towards a More Holistic System of Access to Justice I. Introduction II. Recapping the Argument of the Book III. Dispute System Design and the Delivery of Holistic Access to Justice IV. From Added Value to Inclusive Design: Overview of Design Options V. Limitations and Directions for Future Research VI. Conclusion; PART II ACCESS TO JUSTICE, ADR AND ENERGY POVERTY IN FIVE COUNTRIES; 8. Introduction to Part II I. Outline of Chapters 9. Energy Injustice in Bulgaria Teodora Peneva I. Introduction II. Energy Poverty in Bulgaria III. Consumer Protection Mechanism IV. Key Areas of Energy Injustice V. The Energy Injustice Labyrinth in Bulgaria VI. Constraints for Energy Justice in Bulgaria VII. Conclusions 10. Energy Poverty and Access to Justice in Catalonia Anais Varo and Enric R Bartlett Castella I. Introduction II. The Spanish Electrical System III. Vulnerable Consumers and Access to Energy Justice in Catalonia IV. Energy Poverty: What are the Gaps in the Current Measures? V. Moving Towards a Just Energy Model:Policy Implications VI. Conclusions 11. Access to Justice and Energy Poverty in France Marine Cornelis I. Introduction II. Energy Poverty III. A Complex ADR Landscape: Divided between the National Public Ombudsman, Company Mediators and Other Public Parties IV. What are the Barriers to Access Justice for Energy Consumers? V. What Role does ADR (Ombuds) Play in Accessing Justice for Energy-Poor and Vulnerable Consumers? VI. How can Vulnerable Consumers Access Justice? VII. What can be done to Improve the Situation? VIII. Conclusion 12. Access to Justice for Vulnerable and Energy-Poor Consumers in Italy: Policy Measures and the Role of ADR Sarah Supino and Benedetta Voltaggio I. Italian Policies to Tackle Energy Poverty II. Access to Justice for Vulnerable and Energy-Poor Consumers in Italy: The Role of ADR III. Data on ADR Procedures in the Energy Sector IV. Conclusions 13. Access to Justice in Energy: United Kingdom Cosmo Graham I. Introduction II. The Legal Framework of Energy Regulation in Great Britain III. The GB Energy Industry IV. The Fuel Poverty Strategy V. Complaints against Energy Companies VI. Conclusion