Tekst achterflap

Collective actions and the financing of complex mass damage cases have been among the most debated and controversial topics in civil justice in Europe over the past decade. With the entry into force of the Dutch collective damages procedure (WAMCA) in 2020, the Netherlands has re- confirmed its reputation as one of the frontrunners in having a welldeveloped framework for collective actions and settlements. Third party litigation funding has become an important source of funding, and its increase has also fuelled discussion on alternative pathways for funding to secure access to justice. This book discusses developments in Dutch collective actions and in particular the financing of collective actions from a regulatory, empirical and comparative perspective. It delves into different funding modes, including market developments in third party litigation funding, and extensively addresses the question of the necessity, feasibility and possible design of a (revolving) litigation fund for collective actions. It is of interest to academics, legal practitioners, national and European policy makers and legislators in the area of civil justice.

Biografie

Prof. dr. X.E. (Xandra) Kramer is Professor of Civil Justice at Erasmus University Rotterdam and Private International Law at Utrecht University. Her key areas of expertise include collective actions, justice funding, digitisation of justice, ADR and ODR. She is an ERC laureate, regularly advises European institutions and the Dutch Ministry of Justice. She is an elected member of the Dutch Royal Academy of Arts and Sciences (KNAW) and of the Institut de Droit International (IDI). Prof. dr. I.N. (Ianika) Tzankova is professor of Global Dispute Resolution and Mass Claims at Tilburg University, and has been a Visiting Professor at Paris Dauphine University since 2017. She has been involved in international and European projects on collective actions and financing of the Australian Law Reform Commission, the European Law Institute and BEUC. She has combined her academic work with legal practice in the area of mass claims dispute resolution since 2007. Dr. J. (Jos) Hoevenaars is a legal sociologist who obtained his PhD from Radboud University Nijmegen for research on the preliminary reference procedure of the Court of Justice of the EU. He has worked at the Council for the Judiciary and is currently a postdoctoral researcher at Erasmus University Rotterdam. He specialises in qualitative research methods and has published books and articles in the field of civil procedure, EU law, legal representation and litigation financing. Dr. C.J.M. (Karlijn) van Doorn is a lecturer and a researcher at Tilburg University. She obtained her PhD from Tilburg University based on legal-empirical research into the needs of injured parties in situations of mass damage. Her areas of expertise are contract and liability law, more specifically collective actions and the settlement of mass damages and she has published a series of articles in the field of mass damage and collective damage settlement.

Inhoudsopgave

1 Introduction: Collective Actions and Funding Needs under the WAMCA; 2 The Dutch Collective Action Regime, Financing Options and Regulation of Third-Party Litigation Funding; 3 Analysis of the WAMCA Register; 4 Qualitative Analysis of Financing Collective Actions: Interviews; 5 Findings from the Focus Group and Expert Meeting; 6 Financing and Litigation Funds for Collective Actions in Canada, Australia and Israel; 7 Analysis, Conclusions and Recommendations

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