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New group action procedure in Scotland

New group action procedure in Scotland ...

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Merricks v Mastercard Inc : Collective Actions Re-invigorated

Merricks v Mastercard Inc : Collective Actions Re-invigorated...

Product Liability

Product liability cases are generally not subject to a specific collective redress mechanism. They are frequently covered by either a general mechanism which encompasses different types of claims including tort claims (e.g. The Netherlands or Poland) or by broader sectoral mechanisms available to consumers which include various types of consumer claims (e.g. Italy). In some countries, where consumer collective redress is limited to claims brought by associations to sanction a particular behavior of market participants (such as the use of unfair standard terms), no collective mechanism exists to deal with mass tort claims (e.g. Germany). The necessity for a specific mechanism for mass product liability cases also depends on the question whether or not social insurance covers the physical damage of the victims. The solutions for mass harm scenarios can be individual and tailored to the specific case, e.g. compensation can be granted via an intervention of the legislator or through the creation of a compensation foundation in combination with an out of court settlement.

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