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Publications for Class Actions Committee

US mass arbitrations present new challenges prompting re-examination of class action waivers

Parties in the US including consumers and employees are bringing claims as mass arbitration, which is unique from class actions that have been the focus for many years. The new mass arbitrations present a unique challenge to companies, and call into the question whether and how to negotiate arbitration and class action waiver provisions in contracts.

Released on Jun 27, 2024

Comments on proposed changes to Brazilian collective litigation law

This article comments on two proposed changes to the Brazilian collective litigation law that may negatively affect due process rights: the introduction of a forum non conveniens doctrine and the possibility of court adjustments to the reliefs sought by plaintiffs.

Released on Jun 27, 2024

Private enforcement of competition laws in Brazil: the class action as a method of claiming damages arising from anticompetitive practices

New rules defining the start and expiry of the statute of limitations to claim damages arising from anticompetitive practices are expected to foster the use of class actions related to these issues in Brazil.

Released on Jun 27, 2024

Italian representative actions: a year in review

In the landscape of European legal systems, collective redress mechanisms have been a topic of significant interest and development over the past decade. Italy has seen a considerable evolution in this area with the introduction of a substantial reform of Italian Class Action rules, in 2019, as well as of representative actions, in 2023, implementing the EU Directive 2020/1828. As we mark the first anniversary of Legislative Decree No 28/2023 (the ‘Italian Representative Action Decree’ or the ‘Decree’ ), it is a good moment to reflect on the state of Italian representative actions and their impact on the Italian legal landscape.

Released on Jun 27, 2024

Group litigation in Scotland – a year in review

Last year (2023) was the year that collective proceedings really got off the ground in Scotland, and this theme has continued into 2024. This ‘class action’ style process was introduced in 2020 in the thick of Covid-19. It takes elements from different jurisdictions, with the principal features being: it is an opt-in procedure only; it requires commonality between claims, but the test is fairly flexible; it runs in the name of a ‘Representative Party’ (RP) who can be an affected claimant or, alternatively, a third party; permission to proceed as a formal group has to be given by the court at the outset; and claimants outside of Scotland can in principle be involved, if there is a basis for jurisdiction.

Released on Jun 27, 2024

Israeli Class Action Law 2006: a comprehensive summary

The Israeli Class Action Law, enacted in 2006, serves as a legal mechanism allowing a group of individuals who have been similarly harmed by a specific entity (such as a corporation or public authority) to unite and file a class action lawsuit. This law enables any member of the group to sue on behalf of the entire group, facilitating the enforcement of collective rights in an efficient and cost-effective manner.

Released on Jun 27, 2024

Awaiting precedent: class and representative actions as effective measures of consumer protection in Finland

An old wisdom sometimes heard from older legal professionals in Finland goes along the lines of ‘never take a private person as a client, as small individuals never prevail against big corporations’. But is, and more importantly should, this be the truth in a modern judicial system? Are there means to hold corporations responsible for their actions? And does the private person actually benefit from it?

Released on Jun 27, 2024

North American updates: Canada and the US

Class actions updates from North America, featured in the IBA Class Actions Committee May 2024 newsletter.

Released on Jun 4, 2024

European updates: Portugal, the Netherlands, and England and Wales

Class actions updates from Europe, featured in the IBA Class Actions Committee May 2024 newsletter.

Released on Jun 4, 2024

A note from the Chair for the October 2021 Class Actions e-Bulletin

A note from the Chair for the October 2021 Class Actions e-Bulletin

Released on Oct 20, 2021

Ongoing legislative discussions on expanding the list of entities with standing to file public civil actions in Brazil

Brazilian National Congress has been debating the expansion of the list of entities with standing to file public civil actions to include political parties and the holders of electoral mandates. The proposal raises questions on whether such expansion would be necessary or adequate as to ensure representativeness and provide better access to justice.

Released on Oct 12, 2021

UK courts continue to clarify the basis and scope of ‘representative actions’

Under UK civil procedure rules, a ‘representative action’ may be initiated or continued by or against one or more persons as representatives of others who have the ‘same interest’ in the claim. The use of this collective redress mechanism has expanded considerably in the last decade, despite the absence of clear juridical guidance on the scope of this form of action. The UK Court of Appeal has very recently provided helpful clarification on the fundamental requirements of a ‘representative action’ and what is required to satisfy the ‘same interest’ test in practice.

Released on Oct 12, 2021

UK and Europe: a new hub for data breach class actions?

In this article we look at the growth of data breach class actions in the UK and Europe following the coming into force of the General Data Protection Regulation (GDPR). We also consider regulatory activity in the data protection field and the links between investigations and recent class actions. Looking to the future we ask whether current trends are likely to continue, highlighting some powerful policy statements made by the English Court of Appeal in support of data breach class actions, and conclude with a few words on litigation funding and its role in facilitating these kinds of cases.

Released on Oct 12, 2021

Collective redress in England and Wales: co-claimant collaboration as a tool for success

Recent years have been pivotal in the development of collective redress in the courts of England and Wales. Claimant collaboration, or lack thereof, is likely to play a key role in deciding how successful many collective actions are in the coming years.

Released on Oct 12, 2021

Champions of collective redress: is Europe catching up with the US?

By Lianne Craig, Simon Bishop, Samantha Hewitt and Edward Nyman. Champions of collective redress: is Europe catching up with the US? - Consumer Litigation Law Committee, February 2021.

The brand new Italian class action

After the failure of the consumer’s class action provided under the Italian Consumer Code, the reform of the discipline – to be in force in May 2021 – is expected to stimulate the utilisation of the collective redress instrument.

Collective protection of consumers in Brazil: the Bill for a new collective actions system

The purpose of this article is to briefly present the main aspects involved in the Bill to institute a new regulation for collective actions and which is in progress before the Legislative Branch. The article approaches the origins of the Bill, its central proposals, the criteria directed to it and the relevance of its presentation, mostly considering the pressing need for change in response to continual growth and evolution of the consumer society.

Reforms in the Brazilian case law on collective proceedings filed by civil associations

Brazilian case law on collective proceedings filed by civil associations have endured several changes over the years, with backs-and-forths that give rise to doubts as to the scope and potential effects of these proceedings in the country. The issue is about to be settled by the Superior Court of Justice, and the current scenario suggests that past limitations to the associations’ standing to file collective proceedings and to the effects of the rulings rendered in such proceedings (ie, whether they benefi

Update on class actions in Australia

After smooth sailing for a number of years, in the last 12 months the robust and well-functioning class action landscape in Australia has been thrown into turmoil by a number of significant developments concerning commissions for funders, choosing a ‘winner’ in multiple, overlapping class actions, new regulations designed to reign-in funders and, for the first time in Australia, lawyers being able to charge contingency fees in Victoria.

New collective action system in the Netherlands

On 1 January 2020 new legislation came into force in the Netherlands, introducing a comprehensive system for dealing with collective actions. It holds out the prospect of substantial advantages to groups of people injured by the same event, as well as the person or entity held liable to resolve claims in a single collective action.

Class action in Belgium: the People v Large Companies?

Initially limited to consumers’ claims, since 1 June 2018 Belgium’s class action legislation has been extended to SMEs which can now also file class action lawsuits against large companies.

Proposals to consolidate and reform Brazil’s class action system

This article provides a summary of the two bills proposing the consolidation and reform of the class action in Brazil which were presented to the Congress in 2020 (Bill Nos. 4441/2020 and 4778/2020).

Online dispute resolution and means of negotiation

Measures to increase the use of online platforms for negotiations and ‘non-typical’ mediation initiatives, such as dispute resolution alternatives in consumer relations, have been increasing in popularity in Brazil.

French court severely condemns BNP Paribas subsidiary

On 26 February 2020, the Paris Criminal Court convicted BNP Paribas Personal Finance for misleading commercial practices and concealment of the offence for having concealed the risks induced by its Swiss franc loans known as ‘Helvet Immo’. The penalty is particularly heavy: a fine of €187,500 and almost €150m in damages to the civil parties. This is an unprecedented decision for the French courts, particularly in terms of the extent of compensation awarded.

Collective protection of consumers in Brazil: the controversy on the territorial scope of rulings in public civil action

The purpose of this article is to analyse a long-dated controversy that involves consumers’ collective judicial protection in Brazil: the territorial extension of the effects of rulings in public civil action. The article examines the origins of the controversy and points to a light on the horizon for the standardisation of the matter: the upcoming and definitive trial by the Supreme Court, to be carried in the next few months.