‘Empowering Individual Plaintiffs’

“In our forthcoming essay, Empowering Individual Plaintiffs, we highlight, analyze and propose solutions to a problem that has been hitherto largely overlooked: the plight of individual plaintiffs in certain litigation contexts. The individual plaintiff plays a critical – yet, underappreciated – role in our legal system. Only lawsuits that are brought by individual plaintiffs allow the law to achieve the twin goals of efficiency and fairness. The ability of individual plaintiffs to seek justice against those who wronged them deters wrongdoing, ex ante, and in those cases in which a wrong has been committed nevertheless, it guarantees the payment of compensation, ex post. No other form of litigation, including class actions and criminal prosecutions, or even compensation funds, can accomplish the same result …” (more)

[Gideon Parchomovsky and Alex Stein, Oxford Business Law Blog, 28 September]

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