Collective Access to Justice: Assessing the Potential of Class Actions in England and Wales
Michael Molavi
Abstract
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 ... More
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.
Keywords:
collective redress,
class actions,
costs,
benefits,
access to justice,
accessibility,
reform
Bibliographic Information
Print publication date: 2021 |
Print ISBN-13: 9781529210002 |
Published to Policy Press Scholarship Online: September 2021 |
DOI:10.1332/policypress/9781529210002.001.0001 |