This policy brief, written by Dr Christopher Hodges and Professor Stefan Vogenauer of Oxford University, is published as costs and funding are assuming far greater importance as keys to evaluating and providing access to justice.

The findings were drawn upon by Lord Justice Jackson in his influential Costs Review which recommended moving to American style contingency fees, a recommendation that is widely expected to be implemented by the UK coalition government.

There is a consensus in Europe that collective action mechanisms need to include correct safeguards in order to prevent abuse. This policy brief gives an overview of the main types of safeguards that are found in collective judicial procedures. It draws on extensive research into class action and collective redress laws across the world.

Four consequences need to be understood in forming policy on collective actions:

Drawing on the scientific findings of behavioural psychology research, the authors find that there is little empirical evidence that traditional theories of deterrence affect future business behaviour, and that a collaborative, positive approach between business and regulators is most effective in improving behaviour along ethical lines. 

This Policy Brief summarizes the findings of a joint project between Oxford University and the Catholic University of Leuven aimed at evaluating different mechanisms for delivering collective redress. It identifies eleven principles for market regulation, and the three principal goals for collective redress of delivering compensation, affecting the future behaviour of markets, and achieving these goals in a timely and cost-efficient way.