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Vol 25 No 2 Feb/March 2020

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Class Actions and Government

ISBN13: 9781107043978
Published: April 2020
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: £110.00

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The relationship between class actions and government makes for a nuanced and fascinating study. Government sets the scene by implementing and designing the regime, by choosing whether to act as a seed-funder for the regime, and by deciding to what extent it should regulate the regime against worldwide classes being litigated on its doorstep. It can then become a key player in the litigation itself. Government may be a representative claimant bringing the action, or a class member, or a potential financial beneficiary. Most commonly of all, it may be a defendant, being sued under the very regime which it enacted into law. With numerous opt-out class action regimes around the common law world in place, and others on the horizon, the book takes a comparative perspective throughout, and concludes with a series of recommendations, drawn from that comparative analysis of government's intricate interplay with class actions.

Jurisprudence, Courts and Procedure
1. Introduction
Part I. 'Preparing a Path to the Stadium':
2. Government as Class Actions Enabler
3. Government as Class Actions Designer
4. Government as Class Actions Funder
5. Government as 'Gate-keeper': Cross-border Class Actions
Part II. 'As a Participant in the Match':
6. Government as Representative Claimant
7. Government as Class Member
8. Government as Class Actions Defendant
9. Government as Class Actions Beneficiary
10. Conclusion: Levelling the Playing Field