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xii, 283 pages ; 25 cm.
  • Comparative civil procedure / Guy I. Seidman
  • The new comparative civil procedure / Guy I. Seidman
  • Comparative law as an engine of change for civil procedure / Colin B. Picker
  • Sources and destiny of French civil procedure in a globalized world / Loïc Cadiet
  • The United States Federal Rules at 75 : dispute resolution, private enforcement or decisions according to law? / James R. Maxeiner
  • Dynamism in China's civil procedure law : civil justice with Chinese characteristics / Kristie Thomas
  • The dynamism of China's civil litigation system / Margaret Woo
  • Responding to cost and delay through overriding objectives : successful innovation? / Michael Legg and Andrew Higgins
  • Towards proportionality : the "quick, cheap and just" balance in civil litigation / Brenda Tronson
  • Group actions à la mode européenne : a kinder, gentler class action for Europe? / Elisabetta Silvestri
  • Class action procedure in Australia : issues and challenges / Lang Thai
  • Australian statutory derivative action : defects, alternative approaches and potential for law reform / Lang Thai
  • Dynamism in U.S. pleading standards : rules, interpretation, and implementation / Jeffrey E. Thomas
  • What is "covered" by res judicata in Brazilian civil procedural law : the current law and perspectives of change / Teresa Arruda Alvim Wambier.
This book shows the surprising dynamism of the field of civil procedure through its examination of a cross section of recent developments within civil procedure from around the world. It explores the field through specific approaches to its study, within specific legal systems, and within discrete sub-fields of civil procedure. The book reflects the latest research and conveys the dynamism and innovations of modern civil procedure - by field, method and system. The book's introductory chapters lay the groundwork for researchers to appreciate the flux and change within the field. The concluding chapters bring the many different identified innovations and developments together to show the field's ability to adapt to modern circumstances, while retaining its coherence even across different legal systems, traditions, fields and analytic approaches. Specifically, in this book the presence of dynamism is explored in the legal systems of the EU, France, the US, Brazil, Australia, the UK and China. So too that dynamism is explored in the contributions' analyses and discussions of the changes or need for change of specific aspects of civil procedure including litigation costs, class actions, derivative actions, pleadings, and res judicata. Furthermore, most of the individual contributions may be considered to be comparative analyses of their respective subjects and, when considered as a whole, the book presents the dynamism of civil procedure in comparative perspective. Those discrete and aggregated comparative analyses permit us to better understand the dynamism in civil procedure - for change in the abstract can be less visible and its significance and impact less evident. While similar conclusions may have been drawn through examinations in isolation, employing comparative analytic methods provided a richer analysis and any identified need for change is correspondingly advanced through comparative analysis. Furthermore, if that analysis leads to a conclusion that change is necessary then comparative law may provide pertinent examples for such change - as well as methodologies for successfully transplanting any such changes. In other words, as this book so well reflects, comparative law may itself usefully contribute to dynamism in civil procedure. This has long been a raison d'etre of comparative law and, as clear from this book's contributions, in this particular time and field of study we find that it is very likely to achieve its lofty promise.
(source: Nielsen Book Data)9783319219806 20160619
Law Library (Crown)
xlii, 811 p. ; 24 cm.
  • ACKNOWLEDGMENTS -- INTRODUCTION -- PART I - MULTI-PARTY AND REPRESENTATIVE ACTION SYSTEMS AROUND THE WORLD -- 1. The United States -- 2. Canada -- 3. Latin America -- 4. Representative Actions and Proposed Reforms in the European Union -- 5. United Kingdom -- 6. Denmark -- 7. Sweden -- 8. Finland -- 9. Norway -- 10. Germany -- 11. Austria -- 12. Switzerland -- 13. Belgium -- 14. The Netherlands -- 15. Spain -- 16. Portugal -- 17. France -- 18. Italy -- 19. Russia -- 20. Israel -- 21. South Africa -- 22. Australia -- 23. The Asia-Pacific Region -- 24. Collective Actions in China -- 25. India -- PART II - SELECTED TOPICS IN INTERNATIONAL AND TRANSNATIONAL CLASS ACTION LAW 770 -- 26. Prosecuting Class Actions and Group Litigation -- 27. Multijurisdictional and Transnational Class Litigation: Lawsuits Heard 'Round the World' 888 -- 28. International Class Action Notice -- 29. International Class Actions Under the U.S. Alien Tort Claims Act 992 -- 30. International Class Arbitration 1011 -- 31. Representing Clients in Litigation Abroad -- TABLE OF CASES -- INDEX.
  • (source: Nielsen Book Data)9780199730247 20160609
Class action and other group litigation procedures are increasingly being adopted in jurisdictions throughout the world, as more countries deal with the realities of increased globalization and access to information. As a result, attorneys and their clients face the ever-expanding prospect of a class or group action outside their home jurisdictions. World Class Actions: A Guide to Group and Representative Actions around the Globe is a guide for attorneys and their clients on the procedures available for class, group, and representative actions throughout the world. It helps lawyers navigate and develop strategies for litigation and risk management in the course of doing business abroad, or even in doing business locally in a way that impacts interests abroad. Part I of the book provides a jurisdiction-by-jurisdiction survey of the class action, group, collective, derivative, and other representative action procedures available across the globe. Each chapter is written from a local perspective, by an attorney familiar with the laws, best practices, legal climate, and culture of the jurisdiction. Part II provides guidance from the perspective of international attorneys practicing in foreign jurisdictions and the art of counseling and representing clients in international litigation. It also covers a variety of topics related to transnational, multi-jurisdictional, and class or collective actions that involve international issues and interests. Each chapter offers practice tips and cultural insights helpful to an attorney or litigant facing a dispute in a particular part of the world. Many of the chapters introduce key books, treatises, articles, or other reference materials to foster further research. Its focus on international class and group litigation law from a practitioner's perspective makes World Class Actions an essential guide for the lawyer or client.
(source: Nielsen Book Data)9780199730247 20160609
Law Library (Crown)
xvii, 562 p. : ill. ; 24 cm.
  • The United States of America / Deborah R. Hensler.
Law Library (Crown)
ix, 200 p. ; 24 cm.
  • Introduction / Mark Tuil and Louis Visscher
  • A law and economics approach to cost shifting, fee arrangements and legal expense insurance / Louis Visscher and Tom Schepens
  • No cure, no pay and contingency fees / Michael Faure, Fokke Fernhout and Niels Philipsen
  • Financing and group litigation / Sonja Keske, Andrea Renda and Roger Van Den Bergh
  • Financing civil litigation : the case for the assignment and securitization of liability claims / Andrea Pinna
  • The empirical analysis of litigation funding / Paul Fenn and Neil Rickman
  • Financing civil litigation : the US perspective / Deborah R. Hensler
  • New trends in financing civil litigation in Europe : lessons to be learned / Mark Tuil and Louis Visscher.
This unique and timely book analyses the problem of financing civil litigation. The expert contributors discuss the legal possibilities and difficulties associated with several instruments - including cost shifting, fee arrangements, legal expense insurance and group litigation. The authors assess the impact of these instruments from a law and economics perspective and provide empirical information on the way in which they work in practice. A transatlantic perspective on financing civil litigation is also provided. New Trends in Financing Civil Litigation in Europe reveals that as well as improving access to justice, several instruments have the potential to screen cases based on their quality. The book also shows how the choice of instrument can affect the behaviour of actors throughout the litigation process. This insightful book will appeal to academics and postgraduates in the fields of private law and law and economics. Law firms and insurance companies offering legal expense insurance will also find this book a valuable read.
(source: Nielsen Book Data)9781848446854 20160605
Law Library (Crown)
xxix, 607 p. ; 26 cm.
Law Library (Crown)