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EU CLASS ACTIONS: A PRACTITIONER’S VIEWPOINT PowerPoint PPT Presentation


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Presented by Paul Llewellyn. EU CLASS ACTIONS: A PRACTITIONER’S VIEWPOINT. LORD STEYN HAS OBSERVED:.

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EU CLASS ACTIONS: A PRACTITIONER’S VIEWPOINT

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Presented by paul llewellyn

Presented by

Paul Llewellyn

EU CLASS ACTIONS: A PRACTITIONER’S VIEWPOINT


Lord steyn has observed

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

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 congleton borough council and others

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

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

WHERE ARE WE GOING?


European motives

EUROPEAN MOTIVES

  • Enhancing access to justice

  • Providing effective remedies

  • Deterring corporate malpractice

  • Maintaining fair competition


European restraints on class actions

EUROPEAN RESTRAINTS ON CLASS ACTIONS

  • No juries

  • No punitive damages

  • No contingency fees

  • Loser pays

  • Limited discovery


Threats to the restraints

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

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

IN THE UK

  • The Women & Work Commission Reports

  • Better Regulation Task Force Report on legal redress


Where is the need

WHERE IS THE NEED?


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