Class Actions in Historical and Comparative Perspective

Abstract

This chapter outlines the historical and comparative context of class actions that have developed since their modern origins in the United States. It traces the development of the United States as a first generation regime, followed by Canada and Australia as second generation regimes. It also examines the recent efforts to institute collective mechanisms and the ways in which these developments have progressed. The chapter focuses on first and second generation regimes for comparative insights in order to understand their influencing developments in England and Wales as a third generation regime. It illuminates and situates developments in a broader historical and comparative perspective to provide a better sense of the lineage of the vehicle and the extent to which extant developments in England and Wales are falling short of their access to justice potential.