Group Litigation Order in the United Kingdom | ||
| مطالعات حقوق تطبیقی | ||
| Article 12, Volume 8, Issue 1, April 2017, Pages 227-247 PDF (355.54 K) | ||
| Document Type: Research Paper | ||
| DOI: 10.22059/jcl.2017.62535 | ||
| Author | ||
| Ali Tahmasebi* | ||
| Assistant professor, Law Department, Razi University, Kermanshah, Iran | ||
| Abstract | ||
| If there are no suitable procedural mechanisms, the anticipation of substantive right for individuals does not amount to good results in some cases. Sometimes individual litigation is not economical because the value of relief is minimal. Furthermore, there might be considerable number of victims, and filing several actions in different courts may result in conflicting judgments which are undesired outcomes in a legal system. In the American class action, under specific circumstances, one or some plaintiffs can bring a lawsuit on their name and on behalf of other plaintiffs. If they are seeking compensation, the plaintiffs that the action on their behalf has been filed, can opt out. In the UK for better management of process by the court, group litigation order has been devised whereby judge can exercise his powers with more flexibility and depending on circumstances of process, utilizes various strategies. The court’s judgment is just enforceable for those who have opted in. There is not any similar mechanism in Iran. Only consumer associations are permitted by Electronic Commerce Act to litigate as a representative. | ||
| Keywords | ||
| Class action; Group litigation order; Cost-benefit; representative | ||
| References | ||
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