Representing Future Generations - 4th EU Civil Justice Seminar Series
From December 2021 – June 2022, the team of the Vici project ‘Affordable Access to Justice’ at Erasmus School of Law, will organize an online seminar series dedicated to Trends and Challenges in Costs and Funding of Civil Justice.
On 15 December, the series will kick off with a general session that will address several topics of access to justice and costs and funding, including collective redress and costs reforms, and will present a Law & Economics perspective.
The other seminars will zoom in on topics such as legal mobilization in Europe, the impact of Public Interest Litigation on access to justice, third party funding (TPF) in Europe, austerity policies in southern Europe and funding and costs of ADR in civil justice.
You can register for (one or more of) the seminars here.
UPCOMING EVENT: 15 December 2021, 15.30-17.30 CEST
First session: Access to Justice and Costs and Funding of Civil Litigation
The first seminar will discuss key topics and developments in costs and funding of litigation, including third-party litigation funding. It will be combined with the launch of the book New Pathways to Civil Justice in Europe (Springer, 2021) that emerged from an earlier conference organized by the ERC project team.
Judith Resnik (Yale University) who authored the concluding chapter (available open access) will, among others, discuss the question from which perspective to understand the civil legal system so as to make judgments about whether a system is just or unjust.
Ianika Tzankova (Tilburg University) will discuss access to justice against the background of trends in global dispute resolution where big players are shaping the future, and the funding of litigation.
John Sorabji (University College London) will focus on developments in costs and funding of civil justice, including the move to recoverable fees, the upcoming review of the Jackson costs reform and funding of representative actions.
Louis Visscher (Erasmus School of Law) will present a Law & Economics perspective on costs and funding, including rational apathy, risk aversion and agency problems.
The seminar will be introduced and moderated by Xandra Kramer, PI of the Vici and ERC projects at Erasmus School of Law.
Published: June 23, 2021
The Fourth seminar of the EU Civil Justice Seminar Series took place on Thursday July 1st. The seminar focused on the private law aspects of climate litigation. Striking a bridge between his current work on (self)representation in civil justice and past work on strategic litigation and the representation of public interest through law, Jos Hoevenaars brought together a panel to discuss the most recent developments in climate change litigation.
In that context, the recent Milieudefensie/Shell decision of the district court of The Hague signifies a move in climate change litigation from targeting mainly the responsibilities of governments in curtailing the effects of climate change, like in the already famous Urgenda case, to suing corporations, and using the courts to force multinationals to adjust their practices. The panel of speakers discussed the implications the Shell decisions at the crossroads of strategic litigation, collective representation, civil tort law and human rights in climate litigation.
Chantal Mak, professor of Professor of Private law at the Amsterdam Centre for Transformative Private Law (ACT) analyzed the Shell decisions and highlighted the human rights angle of climate change litigation. Professor Geert van Calster, Head of the department of European and international law at the University of Leuven, gave an overview of the private international law aspects of climate change litigation. And finally, Sanne Biesmans, PhD candidate at the Business Law Institute of the Radboud University Nijmegen, analysed the Shell decision from a corporate liability perspective and sketched a future outlook for corporations and how this decision may affect their practices going forward.
The seminar was very well-attended, with some 65 participants joining for the subsequent discussions.