How do theories of access to justice, judicial economy, and behaviour modification explain developments in the class actions debate from 1970 onward in England and Canada?

Thesis

This thesis investigates the rapidly developing area of collective redress in England and Canada. It looks at three procedures: class actions, group litigation, and representative actions. I make three normative arguments:

1. Class actions represent a departure from the principle of ‘accurate justice’ that has traditionally underpinned civil justice systems, although this departure is not unique and is characteristic of wider civil justice reforms;

2. Class actions and group litigation are not ‘one size fits all’ procedures, but instead serve a variety of purposes; and

3. Representative actions are distinct from both procedures and should not be used to aggregate individual claims at all – they should instead be used for the litigation of group rights.

My thesis combines qualitative surveys, doctrinal analysis, and historical research into collective redress reforms in England and Canada. England has borrowed heavily from Canadian class actions in creating its own framework in competition law; England’s group litigation regime is much more established and Canada has much to learn from it. The representative rule also originated in England, although Canada’s interpretation was much broader and led to the development of class actions. There are indications that the same might be happening in England, but I argue that such an interpretation is incorrect.

Collective redress in England and Canada is at a crossroads. In England, the UK Supreme Court has just ruled on the nascent competition law class actions regime, and is considering the scope of representative actions. In Canada, significant amendments have been made to Ontario’s Class Proceedings Act, and other Canadian jurisdictions are watching to see how these will be interpreted. Both countries can learn a great deal from each other. This thesis brings important empirical, historical, and normative insights into the current debates about collective redress on both sides of the Atlantic.

Authors: Chiodo, S

• Type of award: DPhil
• Level of award: Doctoral
• Awarding institution: University of Oxford
• Language: English
• Keywords: Collective redress; Group litigation; Class actions; Representative actions; Civil procedure; Access to justice
• Subjects: Class actions (Civil procedure)