The Recognition, and Res Judicata Effect, of a U nited S tates Class Actions Judgment in E ngland
A Rebuttal of V ivendi
Bibliographic Data
| ID | 9196758 |
|---|---|
| Authors | Rachael Mulheron (0000-0002-9692-5387, Department of Law Queen Mary University of London, corresponding author) |
| Year | 2012 |
| Volume | 75 |
| Issue | 2 |
| Pages | 180-211 |
| Publication date | 2012-03-01 |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Modern Law Review (JOURNAL) |
| Journal identifiers | ISSN: 0026-7961 • E-ISSN: 1468-2230 |
| Publisher | Wiley (PUBLISHER • GB) |
| DOI | 10.1111/j.1468-2230.2011.00896.x |
| OpenAlex | W1561595357 |
| Language | EN |
| References cited | 14 |
U nited S tates' courts have proven willing to certify multi‐jurisdictional class actions which purport to adjudicate the claims of both A merican and foreign (i.e., non‐ US ‐domiciled) class members. This article contends, however, that a class actions judgment/settlement issued by a US court would not be recognised, and would not be given preclusive effect, in E ngland, should absent E nglish class members wish to re‐litigate the same grievance before an E nglish court. Specifically, it is argued that two separate preconditions for such recognition and preclusive effect would fail, viz , a US court would usually lack the requisite ‘personal jurisdiction’ over absent E nglish class members; and the necessary ‘identity of parties’ would be absent. The article seeks to anticipate the appropriate answer to a conundrum which is certain to arise for future E nglish judicial consideration, whilst acknowledging the uneasy fit which currently exists between E nglish private international law and multi‐jurisdictional class actions
Adjudication · Business · Choice of Law · Class (philosophy) · Class action · Jurisdiction · Law and economics · Political science · Res judicata · Settlement (finance) · Sociology · State (computer science) · Supreme court · Computer Science · Conflict of Laws and Jurisdiction · Corporate Governance and Law · Dispute Resolution and Class Actions · Law
| Highly cited | No |
|---|