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Contra Giving Wealth a 'Monopoly of Justice Against Poverty' : Comparative Insights on Public Class Action Funding

Molavi, Michael LU (2023) In Civil Justice Quarterly 42(1). p.93-110
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... (More)
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. (Less)
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author
organization
publishing date
type
Contribution to journal
publication status
published
subject
in
Civil Justice Quarterly
volume
42
issue
1
pages
93 - 110
ISSN
0261-9261
language
English
LU publication?
yes
id
8fa7d616-ab7a-43a6-881d-f2105e2a9095
alternative location
https://uk.westlaw.com/Document/I381177B0771911EDBB5E826DB7EA2F62/View/FullText.html
date added to LUP
2022-10-13 12:00:08
date last changed
2023-08-24 15:15:38
@article{8fa7d616-ab7a-43a6-881d-f2105e2a9095,
  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.}},
  author       = {{Molavi, Michael}},
  issn         = {{0261-9261}},
  language     = {{eng}},
  number       = {{1}},
  pages        = {{93--110}},
  series       = {{Civil Justice Quarterly}},
  title        = {{Contra Giving Wealth a 'Monopoly of Justice Against Poverty' : Comparative Insights on Public Class Action Funding}},
  url          = {{https://uk.westlaw.com/Document/I381177B0771911EDBB5E826DB7EA2F62/View/FullText.html}},
  volume       = {{42}},
  year         = {{2023}},
}