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Vol 21 No 11 Nov/Dec 2016

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A Comparative Examination of Multi-Party Actions: The Case of Environmental Mass Harm


ISBN13: 9781509905294
Published: August 2016
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £60.00



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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.

Subjects:
Environmental Law
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