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A Comparative Examination of Multi-Party Actions

The Case of Environmental Mass Harm

By: Joanne Blennerhassett
Media of A Comparative Examination of Multi-Party Actions
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Published: 20-10-2016
Format: Hardback
Edition: 1st
Extent: 344
ISBN: 9781509905294
Imprint: Hart/Beck
Series: Civil Justice Systems
Dimensions: 244 x 169 mm
RRP : £65.00
 

: 14 -21 days

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About A Comparative Examination of Multi-Party Actions

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.

Table Of Contents

Part I: Collective Redress, Mass Harm, Multi-party Actions and Environmental Mass Harm
1. Introduction
2. Collective Redress and Mass Harm
3. Objectives of MPAs
4. Environmental Mass Harm and Collective Redress
Part II: Comparative Law Experience of Selected Common Law Jurisdictions and Europe
5. US Collective Redress
6. Canadian MPA Experience
7. Australian MPA Experience
8. Collective Redress in England and Wales
9. EU Collective Redress
10. Collective Redress for Mass Harm in Ireland

Reviews

“Overall, this book makes a welcome contribution to this topical issue and introduces readers to varying MPAs and their role ... an enlightening contribution useful to both academics and practitioners, having the potential to drive improvements in legal practice.” –  Mary Dobbs, Queen's University Belfast, The Irish Jurist

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