LAW4212E - Comparative class actions

Offered

Prato Term 2 2007 (Day)

Synopsis

Topics include: introduction to class actions; criteria for bringing a class action; costs and class action; compensating the class lawyer; settlement; financing class actions; and court regulation of communication with the class.

Objectives

Upon completing this unit, students should:

• appreciate the historical development of class actions (CA) or their equivalent;
• have a comprehensive understanding of the sources of CA in each of the target countries;
• be able to evaluate the aims, the means and the consequences of an effective class action device;
• understand the range of alternatives to a class action in individually non-viable claims;
• be able to evaluate the evolving role of the judiciary in both common law and civil law jurisdictions;
• understand the relative roles and powers of courts and the legislature in class actions;
• evaluate the role of the 'lawyer entrepreneur model'; and
• be familiar with the comparative method as it applies to class actions.

Assessment

100% examination (2.5 hours plus 10 minutes reading/settling time) OR 50% examination (1.5 hours plus 10 minutes reading/settling time) and 50% research paper (3500 words).