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Collective Redress across the globe
A review of the availability and operation of collective redress in 19 jurisdictions across Europe, the Americas, Asia-Pacific and Africa.
Collective redress procedures – that is, court proceedings in which a number of claimants with similar or related interests group together to bring a combined action against a defendant or group of defendants – are becoming increasingly important in civil litigation.
The availability and effect of collective redress procedures differ widely between jurisdictions, with some countries embracing the concept and permitting collective actions in a variety of claims, while in others the procedure may only be used in limited circumstances and for specified causes of action.
It is vital that businesses with cross-border operations are aware of the potential differences in approach – and therefore risks - they may face across their global market.
In this comparative review we look at what types of collective actions are permitted in each jurisdiction and who may bring them. We examine whether they are opt in or opt out and what this means for the efficacy of the procedure. How collective actions are funded and the relief that is available is also considered. We also look forward to how the concept might develop in the future in each country reviewed.
This comparative review is intended to highlight issues rather than to provide comprehensive advice. If you have any particular questions about collective actions, please contact the Linklaters LLP lawyers with whom you work.
Read our overview of Collective Redress.
Explore our review of the availability and operation of collective redress in 19 jurisdictions across Europe, the Americas, Asia-Pacific and Africa.
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