About the Book
The global growth of class and collective action litigation shows little sign of slowing, and the consensus amongst practitioners is that group litigation activity will continue its inexorable rise. One key hallmark of the expansion in activity has been attempts by claimant groups (supported by increasingly experienced law firms, litigation funders and other service providers) to test the boundaries of the procedural routes by which collective actions can be pursued. This development is well exemplified by several recent cases in the United Kingdom - where available mechanisms for so-called 'opt-out' claims are comparatively restricted - in which courts have examined the frontiers of the proce-dural rules allowing for representative actions. It is likely that procedural developments of this nature will continue, including within the European Union. A key driver of this may be the EU's Representative Actions Directive (Directive 2020/1828), the deadline for the implementation of which passed on 25 December 2022. While this Directive seeks to harmonise the EU's collective action landscape, Member States retain some discretion with respect to its implemen-tation. In light of variations in Member States' use of that discretion and the limited existing case law examining the provisions of the Directive (and any domestic imple-menting legislation), it is foreseeable that claimant groups may look to pursue procedur-ally creative actions that test the limits of the new framework. Third-party litigation funding continues to underpin (and often, drive) the rise in collec-tive actions. There will be some uncertainty about the impact of a recent UK Supreme Court decision invalidating established practice with respect to certain funding arrange-ments, but it is reasonable to expect that claimants and funders will seek to minimise any limitations from that decision. Elsewhere, it is apparent that collective actions are now entering into the public conscience in the United Kingdom and, increasingly, Europe. While interest in class actions was historically transient (typically following major events, like Dieselgate) or confined to certain sectors (such as product liability, particularly in the medical context), the publicising of - and participation in - class actions has increased mark-edly. This development is attributable, at least in part, to various factors, including (i) a rise in claims of specific types (such as actions following high-profile data privacy breaches), and (ii) increased media attention in respect of other claims (such as high-profile competition actions against water companies and gaming console manu-facturers). Public concern about environmental issues (and a perception of govern-ments failing to do enough to tackle climate change) has also generated increased interest in environmental class actions. Based on these developments, few practitioners would bet against the current trajectory being maintained. In fact, many eyes are watching areas of potential further growth, including in respect of: (i) new areas of commerce, including crypto-currencies and arti-ficial intelligence; (ii) fallouts from recent geopolitical events, such as COVID-19 and the invasion of Ukraine; and (iii) changing regulatory and political environments on matters such as 'greenwashing', ESG and the UK's new 'failure to prevent fraud' offence.
Table of Contents:
1 Collective Actions in the United Kingdom and European Union, Three Years In: Opening and Closing Doors, Chris Warren-Smith, Paul Mesquitta, Joanna Christoforou & Leonidas Theodosiou, Morgan, Lewis & Bockius UK LLP; 8 International Class Action Settlements in the Netherlands, Dennis Horeman, Machteld de Monchy & Tim Kluwen, De Brauw Blackstone Westbroek N.V.; 16 Developments and Trends in Collective Actions, Charles Balmain, Brienne M. Letourneau, Sonja Hoffmann & Sheldon Philp, White & Case LLP; 24 The Expanding Economic Scope of Exposure to Claims of Greenwashing, Neal Brody, Robin Cantor, Steven Sexton & Sanskar Bista, Berkeley Research Group; 29 Funding Mass Claims in the Netherlands - An Update, Joost Edixhoven, Ianika Tzankova & Quirijn Bongaerts, Birkway; 36 Artificial Intelligence for Collective Actions, Joachim Hacker & Tanja Pfitzner, PFITZNER LEGAL; 42 How to Build a Solid Class Action, Top Class Actions; 46 Class Action Risks in Products, Sarah-Jane Dobson, Samantha Silver, Paula Margolis & Ed Gibson, Kennedys; 53 The Changing Face of European Class Actions: The Impact of the Representative Actions Directive, Johanna Weissbach & Emilie Jones, Pinsent Masons; 60 Greenwashing: the Potential for Class and Group Actions, Martin Eimer, Tim West, Tom Cummins & James Clarke, Ashurst LLP; 67 Trial and Error: Lessons for Developing an Expert Methodology for Collective Proceedings, Aastha Mantri & Loy Chen, Economic Insight; 71 Moving the Needle for Class Actions, Legal Settlements and Dispute Resolutions in Europe, James Carroll, Chris Ford & Thomas Glenn, Blackhawk Network & A.B.Data; 75 Litigating "Forever Chemicals": The Current Framework of Class Action Litigation, Ryan J. Clarkson, Timothy K. Giordano, Kelsey Jane Elling & Olivia E. Davis, Clarkson Law Firm; 82 Collective Actions in Brazil, the History of Civil Public Actions and a Comparative Analysis with the English Group Litigation Regime, Celine Barnwell, Caroline Narvaez Leite, Ana Gabriela Zanotelli & Sarah Voulaz, Pogust Goodhead; 88 Austria, Pitkowitz & Partners: Peter Machherndl & Maximilian Albert Muller; 96 Brazil, Pogust Goodhead: Bruna Ficklscherer, Filipe Carvalho & Thais Morais Mello Hotta Advocacia: Leonardo Nigri; 103 Canada, Torys LLP: Sylvie Rodrigue, Matthew Angelus, Sarah E. Whitmore & Alexandra Lawrence; 112 Denmark, Kennedys: Heidi Bloch & Karoline Ulnits; 120
France, Delcade Avocats & Solicitors: Jeremy Bernard Mermoz Avocats: Jean-Louis Fourgoux & Leyla Djavadi; 131 Germany, Clifford Chance Partnerschaft mbB: Dr. Jan Conrady & Burkhard Schneider; 143 Hong Kong, Deacons: Paul Kwan & Michelle Li; 152 India, Cyril Amarchand Mangaldas: Shaneen Parikh, Namita Shetty & Tushar Karkaria; 161 Japan, Mori Hamada & Matsumoto: Masahiro Ueda, Kenta Minamitani, Toshiki Hitaka & Tetsushi Kamimura; 170 Netherlands, De Brauw Blackstone Westbroek N.V.: Dennis Horeman, Machteld de Monchy & Tim Kluwen; 178 New Zealand, Meredith Connell: Fionnghuala Cuncannon & Kate Muirhead; 187 Portugal, Sousa Ferro & Associados: Miguel Sousa Ferro &
Manuel Brandao; 197 Scotland, Pogust Goodhead: Alison Webb, Megan Lafferty, Eilidh Beveridge & Grace Smith; 205 Switzerland, Eversheds Sutherland Ltd.: Peter Haas; 213 UK, Pinsent Masons LLP: David Barker & Emilie Jones; 223 USA, Norton Rose Fulbright: Daniel McClure & Darryl Anderson.
