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- Molavi, Michael, et al.
(författare)
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Access to Justice and Class Actions in England and Wales
- 2023
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Ingår i: Civil Justice Quarterly. - 0261-9261. ; 42:1, s. 1-2
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Tidskriftsartikel (refereegranskat)abstract
- Introduces a special issue on the development of the class action regime, in light of the reforms reflected in the Supreme Court decisions in Mastercard Inc v Merricks and Google LLC v Lloyd, and a conference hosted by the Bonavero Institute of Human Rights at the University of Oxford entitled "Access to Justice and Class Actions in England and Wales".
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| 2. |
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| 3. |
- Molavi, Michael
(författare)
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Contra Giving Wealth a 'Monopoly of Justice Against Poverty' : Comparative Insights on Public Class Action Funding
- 2023
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Ingår i: Civil Justice Quarterly. - 0261-9261. ; 42:1, s. 93-110
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Tidskriftsartikel (refereegranskat)abstract
- Funding is central to the viability of a class action regime. Wherever class actions have been adopted, legislators have used an array of design points to shape regimes that facilitate the requisite economic enablers and conditions. Yet one facet that has received insufficient attention in research and reforms is the potential of a public funder to advance collective claims and promote public interests. Drawing on comparative analysis of a Canadian regime, this paper situates third party funding in the ‘access to justice’ paradigm and its broader context, before raising the potential of introducing a public funder for class actions in England and Wales. In so doing, the paper explores the experience of the comparator regime of Ontario and its Class Proceedings Fund as an instructive model of a viable and effective public funder for future reforms in this jurisdiction.
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| 4. |
- Molavi, Michael
(författare)
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Encountering Class Actions in Swedish Law and Society
- 2022
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Ingår i: Mass Claims: An International Journal With a European Focus. - 2667-3088. ; 2:2, s. 19-39
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Tidskriftsartikel (refereegranskat)abstract
- Class actions in Sweden are not flourishing. This paper examines why the oldest class action regime in Scandinavia has not developed into anything more than a peripheral addition to the Swedish legal landscape, drawing on relevant procedural, political, and sociological insights. It is divided into two sections that (1) analyse the reform process in the 1990s and latest developments, including main design points of the regime and how these impact collective access to justice for potential claims-makers, and (2) document the complex and at-times contradictory Swedish juridical field in which class actions are situated, with the objective of offering a socially contextual understanding of the current state of Swedish class actions for those otherwise unfamiliar with the regime. In so doing, the paper offers an exploratory account for why class actions have failed to live up to their original aims and examines the potential that the anemic state of the regime may be a transitional stage.
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