The Class Action in Common Law Legal Systems

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November 2004



The primary purpose of this book is to compare and contrast the class action models that apply under the federal regimes of Australia and the United States and the provincial regimes of Ontario and British Columbia in Canada.


Part I The Class Action Introduced Chapter 1 Introduction; Chapter 2 Features of Modern Class Action Regimes; Chapter 3 Objectives of Class Action Regimes; Chapter 4 A Different Approach for England Part II Commencement of the Class Action Chapter 5 Suitability for Class Action Treatment; Chapter 6 The Requisite Commonality; Chapter 7 The Requisite Superiority; Chapter 8 Assessing the Class Representative Part III Conduct of the Class Action Chapter 9 Shaping the Class Membership; Chapter 10 Potential Impediments to Ongoing Conduct; Chapter 11 Monetary Relief; Chapter 12 Costs and Funding of Class Actions


Rachael Mulheron is currently Senior Lecturer at Queen Mary University of London.


a concise examinationit will provide an excellent source for those new to this subject, offering clear discussion of the major themes and extensive references to further readingJillaine SeymourCambridge Law Journal, Volume 65/1March 2006well organized and clearly written, especially in the light of the vast amount of legislation, policy reports, and cases that she assembles and analyzesIt is a masterful work. No policymaker, lawyer, professor, or judge with a significant interest in this type of litigation should be without this book.W.A. BogartWindsor Yearbook of Access to Justice2006It is both of high academic merit and practical use. Whilst clearly there are complexities in class action proceedings, these complexities do not follow through into the author's explanations.an invaluable resource for any Law Reform Commission or Legal Advisory Body researching class actions. The text is a 'must have' for any Australian law library and for any academic or practitioner involved in class action proceedings. It is pretty good value too given the cost of legal texts in this day and age.Warren PengilleyNewcastle Law ReviewOctober 2005...refreshingly free of the turgid prose that is often associated with academic works. It will appeal to a broad spectrum of readers.The Commonwealth Lawyer: Journal of the Commonwealth Lawyers' AssociationAugust 2005...a welcome, substantial, and valuable contribution...essential readingSusan M.C. GibbonsLaw Quarterly ReviewSpring 2006..a noteworthy and timely endeavor,..aimed not only at professionals needing an up-to-date overview of several regimes, but also at comparative law and civil procedure scholars, who will applaud the attempt to disperse the fog and prejudices still attached to this type of litigation. this is an important book, which lays out the current law concerning three 'grown up' class action regimesessential reading..Dr Carla CrifoCivil Justice Quarterly2005an exceptionally intelligent and comprehensive study of the class action as it has developed in a number of common law jurisdictionsThere is an embarrassment of riches within the pages of Mulheron's study. The usefulness and scope of the material contained within this volume is much too plentiful to be adequately captured in this review. Mulheron often uses tables to contrast important differences between the jurisdictions, and there is a useful appendix containing relevant legislation. This book will surely be of great value to judiciary across the common law world, and should also be the first port of call for a practitioner confronted with a class action. Mulheron's comparative approach is also of substantial academic value.John TownsendCommon Law World Review36 1 (72), 2007
EAN: 9781841134369
ISBN: 1841134368
Untertitel: A Comparative Perspective. HC gerader Rücken mit Schutzumschlag. Sprache: Englisch.
Verlag: Hart Publishing
Erscheinungsdatum: November 2004
Seitenanzahl: 616 Seiten
Format: gebunden
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