scholarly journals The Devil is in the Scale: Revisiting the Commonality Requirement in Charter Class Actions

2019 ◽  
pp. 69
Author(s):  
Iryna Ponomarenko
Keyword(s):  
Class Action ◽  
Class Actions ◽  
Counter Narrative ◽  
Collective Redress ◽  
The Future ◽  
Commonality Analysis ◽  
Fact Finding ◽  
The Devil

Even a cursory look at the literature reveals scant agreement among experts on the future of Charter class actions. In no small part, this uncertainty can be attributed to the divergent views among the courts concerning the proper contours of the commonality threshold for aggregate Charter proceedings. While the doctrinal narrative of Thorburn suggests that Charter rights are individual in nature and, thus, are not easily amenable to collective redress, the counter-narrative delivered by Good posits that in order for a Charter class action to pass the commonality hurdle of certification “it does not have to resolve all issues that may exist in terms of establishing liability.” Although it is easy to see Thorburn and Good as thesis and antithesis, the subsequent Charter class actions such as Murray can hardly be portrayed as a synthesis. Hence, uncertainty over the commonality standard reigns. Taking these observations as its guiding thread, this article makes a case for revisiting the commonality requirement in Charter class actions and argues that “over-individualization” of Charter rights that has been imputed into the analysis by Thorburn is unjustified on both descriptive and normative levels. Descriptively, such “over-individualization” is misguided because it semantically overpowers the analysis which, if properly conducted, would often reveal either no need for individual fact-finding at all or the possibility to follow the resolution of common issues with individual mini-trials. Normatively, overreliance on individualized inquiries as part of the commonality analysis is misguided because it misconstrues the very nature of the class action regime.

scholarly journals Winner of the SLS Annual Conference Best Paper Prize 2013: Bogeymen, lunatics and fanatics: collective actions and the private enforcement of European competition law

Legal Studies ◽  
2014 ◽  
Vol 34 (1) ◽  
pp. 1-23 ◽  
Author(s):  
Bruce Wardhaugh
Keyword(s):  
Competition Law ◽  
Legal Culture ◽  
Class Action ◽  
Private Enforcement ◽  
Annual Conference ◽  
Collective Actions ◽  
Class Actions ◽  
Collective Redress ◽  
Authority Figures ◽  
European Competition Law

The European desire to ensure that bearers of EU rights are adequately compensated for any infringement of these rights, particularly in cases where the harm is widely diffused, and perhaps not even noticed by those affected by it, collides with another desire: to avoid the perceived excesses of an American-style system of class actions. The excesses of these American class actions are in European discourse presented as a sort of bogeyman, which is a source of irrational fear, often presented by parental or other authority figures. But when looked at critically, the bogeyman disappears. In this paper, I examine the European (and UK) proposals for collective action. I compare them to the American regime. The flaws and purported excesses of the American regime, I argue, are exaggerated. A close, objective examination of the American regime shows this. I conclude that it is not the mythical bogeyman of a US class action that is the barrier to effective collective redress; rather, the barriers to effective, wide-ranging group actions lie within European legal culture and traditions, particularly those mandating individual control over litigation.

A Channel Apart: Why the United Kingdom has Departed from the European Commission’s Recommendation on Class Actions

2015 ◽  
Vol 17 ◽  
pp. 36-65 ◽  
Author(s):  
Rachael MULHERON
Keyword(s):  
United Kingdom ◽  
European Commission ◽  
Common Ground ◽  
Class Action ◽  
Reform Agenda ◽  
Class Actions ◽  
The United Kingdom ◽  
Collective Redress ◽  
Opt Out ◽  
The Uk

AbstractOver the course of 2013–15, there have been significant developments in the reform of class actions in Europe. The European Commission published its Recommendation of common principles concerning collective redress in June 2013, whilst the Consumer Rights Act 2015 – which was introduced into the United Kingdom Parliament in January 2014 and obtained Royal Assent on 26 March 2015 – contains a class action for competition law infringements. Although there is some ‘common ground’ between these legislative instruments, their divergences are far more legally significant, and comprise the focus of analysis in this article. Regarding the two topics of standing to sue, and the opt-in versus opt-out approach to forming the class, the approaches of the European Commission and the UK Parliament differ markedly, reflecting the deep policy, political and judicial divisions which have manifested in this area of reform for over a decade. The legislators have also ultimately chosen different scopes of application, with the European Commission preferring a ‘horizontal’ approach to reform, whilst the UK Parliament has pursued a sector-specific reform agenda. In respect of standing to sue and the opt-in versus opt-out debate, there are numerous sound legal and political reasons that manifestly support the UK law-makers’ decision to depart from the 2013 Recommendation. However, in respect of the horizontal-versus-sectoral debate, the topsy-turvy history of reform at both European and domestic levels has resulted, ironically, in both the Commission and UK policy-makers reversing the views which each had initially adopted within the past decade. Undoubtedly, as these reform measures demonstrate, the collective redress landscape is both evolving and controversial.

PENERAPAN METODE STORY READING UNTUK MENINGKATKAN KEMAMPUAN BERBICARA ANAK USIA 5 - 6 TAHUN DI TK MELATI / ABA 005 PULAU BALAI

2015 ◽  
Vol 4 (2) ◽  
pp. 143
Author(s):  
Hasnidar '
Keyword(s):  
Data Collection ◽  
Initial Data ◽  
Research Data ◽  
Class Action ◽  
Percentage Increase ◽  
Story Reading ◽  
Reading Methods ◽  
Number Of Children ◽  
Class Actions ◽  
Speaking Skills

This study aims to improve speaking skills of children aged 5-6 through methods Story Reading in TK Melati/ ABA 005 Pulau Balai. The method used is a Class Action Research. Class actions that researchers do the research is to use the method Story Reading to improve speaking skills of children aged 5-6 years in TK Melati TK Melati/ ABA 005 Pulau Balai, and is observed by the observer. Samples taken are TK Melati/ ABA 005 Pulau Balai with the number of children of 20 people, consisting of 13 men and 7 women. Data collection techniques in this research is through observation of teachers and children as well as data capability speaking children aged 5-6 years with use of methods Story Reading. Hipotesis in this study is if the method will be applicable Story Reading can improve speaking skills of children aged 5-6 years in TK Melati/ ABA Pulau Balai 005 can be enhanced through storytelling. Results of the research data obtained by using the method Story Reading can improve the ability to speak of children aged 5-6 years in TK Melati / ABA 005 Pulau Balai. The percentage increase in the ability to speak the child at the age of 5-6 years using Story Reading methods in TK Melati/ ABA 005 Pulau Balai, from initial data to the second cycle increased by 32.2%. The implication of this study is the use of methods Story Reading used properly, can improve speaking skills of children aged 5-6 years in TK Melati/ ABA 005 Pulau BalaiKeywords: story reading, speech

Back to the Future: Toward a More Rigorous Analysis of Antitrust Class Actions

2003 ◽  
Vol 48 (2) ◽  
pp. 463-503
Author(s):  
D. Matthew Allen ◽  
Chris S. Coutroulis
Keyword(s):  
Rigorous Analysis ◽  
Class Actions ◽  
The Future

‘Seminarys of Faction and Rebellion’: Jacobites, Whigs and the London Charity Schools, 1716–1724

1991 ◽  
Vol 34 (4) ◽  
pp. 831-855 ◽  
Author(s):  
Craig Rose
Keyword(s):  
Body Politic ◽  
The Body ◽  
Good Work ◽  
Natural Tendency ◽  
Divided Society ◽  
The Future ◽  
The Devil ◽  
School Movement

During Queen Anne's reign it was thought noteworthy that, in an age otherwise disfigured by party rancour, the charity school movement had won general acclaim. ‘No colourable Objection has been made against it’, declared the high churchman Andrew Snape in 1711, ‘nor indeed can it meet with Opposition from any, but those who are unwilling that the Empire of the Devil should be weaken'd, that Vice and Immorality should lose any Ground, and who are the declar'd Enemies of God and Goodness’. Charity schools were viewed as a force for unity in a politically divided society. Writing to Robert Harley in August 1710, John Hooke expressed his hope that Harley would lead a non-party ‘Coalition of Honest Men’, and noted universal praise for the charity schools as a sign of optimism for the future. At the 1709 anniversary service of the London charity schools, Samuel Bradford, a whig divine, bemoaned divisions in the body politic, but happily remarked that ‘The design which we are here pursuing has a natural tendency to unite the serious and pious of different persuasions amongst us’ Bradford's joy, though, was tempered with a warning. Just as there was ‘nothing more likely to unite us, than the zealous Prosecution of such a design’, so there was ‘nothing could so effectually defeat our endeavours in this case, as the espousing or promoting any particular Party or Faction’. The Reverend Lord Willoughby de Broke also feared that the charity schools would be dragged into the arena of party conflict. The charity would flourish, he commented in 1712, “if our political Discords do not withhold the Mercy of God from prospering this good work”.

Collective Access to Justice

2021 ◽  
Author(s):  
Michael Molavi
Keyword(s):  
Access To Justice ◽  
Transformative Change ◽  
England And Wales ◽  
Class Actions ◽  
Collective Redress

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. Aiming to promote access to justice, this pioneering work separates fact from fiction in an easily digestible way, offering progressive solutions for reform.

Competition Litigation

2019 ◽  
Keyword(s):  
Class Action ◽  
Criminal Proceedings ◽  
Applicable Law ◽  
Class Actions ◽  
Joint And Several Liability ◽  
Litigation Process ◽  
Opt Out ◽  
Full Analysis ◽  
Deutsche Bahn ◽  
The Uk

This book provides a comprehensive guide to all aspects of competition litigation in the UK. It covers both practice and procedure in the UK courts as well as in the Competition Appeal Tribunal. All aspects of case work are covered, from commencement of proceedings, group litigation, jurisdiction, applicable law, evidence, remedies, costs, and arbitration to criminal proceedings, giving competition lawyers a full analysis of the litigation process. There are also new chapters dedicated to the practice and procedure in Scotland and Northern Ireland.Fully updated in its second edition, coverage reflects important amendments to the Competition Act 1998; for example, the introduction of rules for class actions in the Competition Appeal Tribunal. As a result of the implementation of the Damages Directive, Directive 2014/204, new rules have been introduced for disclosure and joint and several liability. The book also covers the new cartel offence, which no longer has the mens rea of dishonesty.The new edition covers a range of important new cases: to name but a few, Sainsbury’s v MasterCard on the pass-on defence; Dorothy Gibson and Walter Merricks on opt-out class action; Cooper Tire and Toshiba Carrier on anchor defendants; and Deutsche Bahn on applicable law.

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