Global law firm White & Case LLP has contributed an Expert chapter to the thirteenth edition of Class & Group Actions 2021, published by The International Comparative Legal Guide.
Collective actions are claims in which a large number of people with a common interest or grievance bring legal proceedings as a group. While the concept developed in the United States of America ("U.S."), an increasing number of other countries have enacted and expanded collective redress procedures. Many factors are driving this expansion. There is an increasing global trend towards consumer protection, with a concomitant increase in awareness of consumer rights. Technological developments are also key, as is an increase in the availability of funding in many jurisdictions. More recently, the onset of the COVID-19 pandemic and resulting economic upheaval have also affected the growth and direction of collective actions. COVID-19 will continue to present an unparalleled opportunity for claimants to seek collective redress against defendants across multiple jurisdictions.
In this chapter, we summarise the main characteristics of the established class action system in the U.S., before considering the position in Europe, with particular reference to the developing collective action procedures in Germany and England.
We also consider the key trends and developments as well as the future landscape for class actions globally, with the significant growth in available funding likely to have a profound effect.
Partners Gregory Starner, Matthew R. Devine, Dr. Sonja Hoffmann (née Lang), Local Partner Dr. Alexandra N. Diehla co-authored the article with assistance from Associates Christoph Gramlich, Taylor Allen, Dominique Forrest and Professional Support Lawyer Emma Shields.
Reproduced with permission from International Comparative Legal Guides. For further information please visit the ICLG website.
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