Why are we prevented from bringing class actions ?

[optimus_1]

Class actions force settlements by large corporations .What are we afraid of ?
Who are the politicians afraid of ?

bloomberg.com/apps/news?pid= … refer=home

"Jan. 27 (Bloomberg) – Banco Santander SA, Spain’s biggest bank, will offer a 1.38 billion-euro ($1.82 billion) settlement to private clients who lost money in Bernard Madoff’s alleged fraud.

Santander said Dec. 14 it had 2.33 billion euros in client funds at risk from the alleged fraud. It will issue preferred shares with an annual coupon of 2 percent to compensate clients, a spokesman for the bank said in a telephone interview.

The bank, which has been sued in U.S. federal court in Miami by investors, said the purpose of the offer is to maintain relationships with private banking clients. The suit claims the bank failed to do sufficient due diligence in allowing its U.S. Equity fund to invest with Madoff."

   :confused:

[bren2002]

Pretty sure the law is what is preventing you. I don’t think the concept exists in law for class actions in the country.

But I’m willing to be corrected.

[Tyler]

this place would go into meltdown at the unjust enrichment of lawyers
you can issue class actions here but need the plaintiffs to sign up
in usa (most states) anybody affected can be included unless they opt out

[treora]

@Tyler

this place would go into meltdown at the unjust enrichment of lawyers
you can issue class actions here but need the plaintiffs to sign up
in usa (most states) anybody affected can be included unless they opt out

Could you sign up for a class action inside the US embassey?

[The_Unwelcome_Guest]

Pretty sure you can bring a class action in the ROI…

[bodyofevidence]

1000 people doing a class action = 1 solicitor and 1 SC
1000 people forced to take indivdual actions = 1000 of each
Go figger…

(Taoiseach a solicitor and Lenny a barrister for what its worth - dont expect to see any radical reform there…)

[Septic_Crank]

@The Unwelcome Guest

Pretty sure you can bring a class action in the ROI…

Not as such. But their bewiggednesses sometimes permit such arrangements on an informal basis, provided you don’t use such gross American terminology as would offend their ludships’ sense of decorum.

Generally, however, the “test case” is how things are done over here:

accountancyireland.ie/dsp_ar … dwagon.htm

Multi-plaintiff litigation proceeds in Ireland by way of a “test case” being heard by the Courts, which will have implications for all similar cases “waiting in the wings”. Importantly, however, each case is judged on its own merits (by a judge alone) and the fact that causation is proved in the context of one case does not necessarily guarantee the same outcome in all subsequent cases unless the facts, liability issues and causation are identical. That Irish courts take great pains to ensure that each case is judged on its own merits, is something that is seen to benefit Defendants, as Plaintiffs are put to the expense of having to fully prove their case despite the fact that numerous similar (but not necessarily identical) cases may have already been determined. In reality, however, if there has been a negative finding against a Defendant in a test case and liability has been established, where there are numerous similar cases yet to be heard, a Defendant (or its Insurers) will attempt to settle the outstanding claims unless they can be distinguished in terms of liability, causation or fact from the test case.

[bodyofevidence]

@Septic Crank

@The Unwelcome Guest

Pretty sure you can bring a class action in the ROI…

Not as such. But their bewiggednesses sometimes permit such arrangements on an informal basis, provided you don’t use such gross American terminology as would offend their ludships’ sense of decorum.

Generally, however, the “test case” is how things are done over here:

accountancyireland.ie/dsp_ar … dwagon.htm

Multi-plaintiff litigation proceeds in Ireland by way of a “test case” being heard by the Courts, which will have implications for all similar cases “waiting in the wings”. Importantly, however, each case is judged on its own merits (by a judge alone) and the fact that causation is proved in the context of one case does not necessarily guarantee the same outcome in all subsequent cases unless the facts, liability issues and causation are identical. That Irish courts take great pains to ensure that each case is judged on its own merits, is something that is seen to benefit Defendants, as Plaintiffs are put to the expense of having to fully prove their case despite the fact that numerous similar (but not necessarily identical) cases may have already been determined. In reality, however, if there has been a negative finding against a Defendant in a test case and liability has been established, where there are numerous similar cases yet to be heard, a Defendant (or its Insurers) will attempt to settle the outstanding claims unless they can be distinguished in terms of liability, causation or fact from the test case.

Exactly. You cant, really. But its for your own good. Nothing to do with featehring the nests of overpaid becostumed paid mouthpieces, no, not at all.

[jcsmith]

There’s nothing stopping de facto class actions. Simply sign up enough plaintiffs with causes of action arising out of the same facts. Lavelle Coleman (no affiliation) have a good track record with these:
lavellecoleman.ie/practice-a … gation.asp

As a lawyer, I’m not entirely convinced of the need to follow the US model of class actions - not least because the US model often results in limited gains to plaintiffs with the lawyers creaming off most of the payout, excessive burdens on defendants, and results which bind individuals who never had a chance to be represented before the court. Here’s what the always enjoyable Overlawyered has to say about them:
overlawyered.com/tag/class-actions/

[ewd3]

@optimus 1

Class actions force settlements by large corporations .What are we afraid of ?
Who are the politicians afraid of ?

   :confused:

In thought you were a libertarian? class actions would imply a judicial system protected by a state and tax people to pay for it?

I thought there was no need for a state?

[optimus_1]

Excuse me ewd3.
A Libertarian is not an
Anarcho-Capitalist .

Why ?
Are you a fan of Molinari or
Spooner ? Small government or
minute government is better than
the coercive lunacy we currently
endure. Embrace freedom and
reject the indocrination .

[provost]

@optimus 1

Excuse me ewd3.
A Libertarian is not an
Anarcho-Capitalist .

hmmm, you might want to inform the wikipedians
en.wikipedia.org/wiki/Libertarianism

The term libertarian in a political sense was first popularized in France in the 1890s in order to counter and evade the anti-anarchist laws

In the meantime, in the United States, libertarianism as a synonym for anarchism

Today many anarcho-communist, libertarian socialist, and other left-libertarian movements worldwide continue to describe themselves as “libertarians.”

en.wikipedia.org/wiki/Anarcho-capitalism

Anarcho-capitalist libertarians believe that the only just, and/or most economically-beneficial, way to acquire property is through voluntary trade, gift, or labor-based original appropriation, rather than through aggression or fraud.

never knew that about Libertarians before

I had it in my head that they just wanted an even freer market than the one in the US at the moment.

[Stifster]

Probably a costs issue as it stands, each individual faces a costs order if the “class action” fails. I may be wrong but I think in the States each side pays their own costs regardless, here the costs of an action generally lie with the loser.