Building European Civil Justice’s Post

Join us for an insightful online seminar exploring the intersection of climate change, collective redress, and litigation funding. This event will feature expert speakers on key developments in these areas. 🗓 Date: Tuesday, November 19 🕒 Time: 3:00 - 4:45 PM CET Key topics include: - Behavioural insights on climate regulation - Collective redress and funding in the Netherlands - Lessons from UK’s Post Office litigation Speakers: - Eva van der Zee - Koen Rutten - Flora Page 🔗 Register here: https://lnkd.in/eU6feKr4 #AccesstoJustice #LitigationFunding #DisputeResolution

Yesterday, Eduardo Silva de Freitas had the opportunity to present part of his research at the ELS Academy Research School Annual Event 2024. His presentation focused on the role of litigation crowdfunding in enabling legal mobilization in the field of data protection. Eduardo explored this through the lens of Eurolegalism, with a specific focus on Dutch collective actions in the data protection area. His research sheds light on how crowdfunding can empower collective litigation efforts, offering new avenues for legal mobilization and enforcement of data protection rights. #ClassActions #EULaw #DataProtection

At the annual conference of the European Law Institute (ELI) in Dublin, digitalisation and the use of artificial intelligence were key topics of discussion. One of the sessions was dedicated to the ELI’s ongoing project on the digitalisation of civil justice systems, presented by the working group led by Dory Reiling. The session led to insightful discussions about the challenges and opportunities in implementing these technologies while safeguarding fundamental rights. The working group is making great progress, with a draft of the principles expected early next year. Among the reporters contributing to this important work are our members Xandra Kramer and Masood Ahmed. For more information on the project, visit: https://lnkd.in/e4E4PCBb

The European Law Institute (ELI) has published its comprehensive Principles Governing the Third Party Funding of Litigation (TPFL), aimed at enhancing transparency, fairness, and accessibility in this growing field (https://lnkd.in/eSXVacDS). These Principles offer essential guidance for litigants, funders, legal professionals, and regulatory bodies, addressing critical issues such as information asymmetry and power imbalances. Postdoctoral researcher Adriani Dori played a significant role in developing these Principles, which aim to set a flexible framework adaptable to international markets. As TPFL continues to expand globally, these guidelines serve as a vital step towards fairer litigation funding practices. #AccesstoJustice #LitigationFunding #DisputeResolution

Today, the Rechtbank Amsterdam ruled on a damage claim (financed by a commercial litigation funder) filed under the Dutch Collective Damages Act (WAMCA) against Vattenfall, addressing the issue of misleading practices regarding the kW fee charged to certain commercial clients (https://lnkd.in/ecNGPPcg). This ruling is notable for being the first of its kind under the WAMCA framework. The foundation behind the claim lost the case on substantive grounds, with the court determining that the misleading representations of which Vattenfall was accused did not fall under the assumed public disclosure requirements. The court noted that the alleged misrepresentations cited were not communicated publicly but were instead personal and specific to individual contracts. While this ruling does not compromise the functionality of the WAMCA, it is nonetheless disappointing for the foundation and the affected parties it represented. After navigating a lengthy procedural journey, the foundation faced a setback that underscores the challenges in litigating complex cases involving collective claims. #DisputeResolution #Litigation #Law