Collective Access to Justice : Assessing the Potential of Class Actions in England and Wales

At a time when the collective redress landscape is undergoing a period of transformative change, this research focuses on class actions in England and Wales. The author provides an objective analysis of the costs and benefits of these proceedings from an access to justice perspective. Aiming to promote accessibility, this pioneering work separates fact from fiction in an easily digestible way, offering progressive solutions for reform. The book begins with a discussion on England and Wales's need for increasing access to justice, given that the capacity of people to access justice is paramount in a democracy governed by the rule of law. The Competition Appeal Tribunal (legislation introduced in Parliament on 23 January 2014) is considered the only area where class actions are available. The book outlines the historical and comparative context of class actions that have developed since their modern origins in the United States, and offers a deeper look into reforms in England and Wales. It concludes that the current landscape of collective claims-making leaves a major access-to-justice gap that demands reform. Front Cover Collective Access to Justice: Assessing the Potential of Class Actions in England and Wales Copyright information Table of contents Acknowledgments Preface One Collective Access to Justice Waves of access to justice What is a class action? Structure of the book Two Class Actions in Historical and Comparative Perspective From medieval origins to the 19th century Fusion of courts of law and equity in 1873 Collective legal entity United States of America Canada Australia Conclusion Three Uncovering the Politics of Class Actions Setting the stage Contesting legal narratives Collective actions in England and Wales First period of reforms (1987–2004) Second period of reforms (2004–10) Third period of reforms (2010–present) Litigation in democracy Compensation and deterrence Conclusion Four Understanding the Economics of Class Actions Economic analysis of law Laying the groundwork Enablers and incentives Claimants as enablers Lawyers as enablers Private funders as enablers Public funders as enablers Conclusion Five Conclusion Methodological Note Index Back Cover At a time when the collective redress landscape is undergoing a period of transformative change, this important and timely research focuses on class actions in England and Wales. The author provides an objective analysis of the costs and benefits of these proceedings from an access to justice perspective. Aiming to promote accessibility, this pioneering work separates fact from fiction in an easily digestible way, offering progressive solutions for reform.|At a time when the collective redress landscape is undergoing a period of transformative change, this important and timely research focuses on class actions in England and Wales. The author provides an objective analysis of the costs and benefits of these proceedings from an access to justice perspective. Aiming to promote accessibility, this pioneering work separates fact from fiction in an easily digestible way, offering progressive solutions for reform.