Delivering Justice: A Holistic and Multidisciplinary ApproachLiber Amicorum in Honour of Christopher Hodges

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In this Liber Amicorum, leading experts and friends from around the world come together to pay tribute to Christopher Hodges and his multifaceted work by exploring what can be done to deliver justice and fairness, focusing on collective redress, consumer dispute resolution, court system reform, ethical business regulation and regulatory delivery. After a decade-long career as a solicitor, Christopher Hodges became Professor of Justice Systems at the Centre for Socio-Legal Studies at the University of Oxford. Throughout his academic career he has worked on a variety of topics dealing with access to justice and dispute resolution: from product liability, procedural/funding systems and collective redress, to alternative dispute resolution and ethical business regulation. In 2021 Christopher Hodges was awarded an OBE for services to business and law. His ground-breaking research has not only inspired students and colleagues, but has also influenced policymakers worldwide. Delivering justice, and ‘making things better’, runs like a thread through his work; the same thread connects the chapters in this book. Acknowledgements Contents List of Contributors PART I: HOMAGE TO A POLYMATH 1
The Multidimensional Career
of a Polymath I. A Unique Career of a Unique Man II. Collective Redress III. Consumer Dispute Resolution IV. Court System Reform and New Technologies V. Ethical Business Regulation, Corporate Behaviour and Regulatory Delivery VI. Tribute 2. Résumé and Main Publications I. Résumé II. Main Publications 3. The Friend I. Rabbit Man II. The Colleague III. Early Days IV. Family V. Music VI. Humour and Humanity VII. What Makes Him Tick? VIII. So What Next? 4. Policy Endeavour: Forging the Blueprint I. Introduction II. Personal Reminiscences 5. A Love of Music: From Oxford to The Sixteen 6. 'In Modern Comic Opera One Sometimes Has to Wing It. If It's Too Absurd to Say It, Then Sing It!' 7. Solicitor, Academic, Policymaker! PART II: COLLECTIVE REDRESS 8. What is Collective in EU Collective Redress? A Personal Note I. Collective Redress as Regulatory Litigation II. Collectivity, Commonality and Economies of Scale III. Conceptualising Collective Redress IV. Revisiting Collective Redress 9. 'Je t'aime moi non plus': Why Europe Needs Strong Collective Redress I. Introduction II. Why Collective Redress is a Must-Have for Europe III. European Collective Redress: A Promising Future? 10. Collective Redress in EU Consumer Law: How It Is, How It Could Be I. Introduction II. Directive 93/13 on Unfair Terms in Consumer Contracts III. Directive 2020/1828 on Representative Actions for the Protection of the Collective Interests of Consumers IV. Overview and Prospective 11. Let’s Redress European Redress the Hodges Way! Redressons redress en Europe à l’Hodgienne! A Look at How Canada Resolves the Conflicting Collective Claims Cross-Border Conundrum and How May the Canadian Solution
Help Us in the EU? I. Introduction II. Unresolved Issues in the EU Directive on Representative Actions III. The Current Approach to the Conflicting Collective Claims Cross-Border Conundrumin Recent Canadian Judgments IV. How to Do Better – Taking the Hodgian Perspective When Getting the Legislators on Board V. Conclusion for the EU and its Member States: What Should Be Done Now 12. Deadweight Loss and Collective Redress in Competition Law I. Introduction II. Claiming the Deadweight Loss by Way of Collective Redress III. Conclusion 13. Third-Party Funding in Collective Redress I. Third-Party Funding - A Controversial Issue II. European Model Rules of Civil Procedure (ELI/UNIDROIT 2020) III. Directive 2020/1828 and Third-Party Funding IV. Voss Report V. Conclusions 14. Do Collective Redress Mechanisms Deliver Justice? I. National Approaches to Collective Redress Litigation II. Tribute III. Collective Redress Actions for Product Litigation? IV. Conclusion PART III: CONSUMER DISPUTE RESOLUTION 15. Does CDR 'Get It'? I. Introduction and Approach II. Background and Development of Dispute Resolution III. The Changing Context IV. Conclusions 16. Consumer Dispute Resolution in the Digital Era: Access for All, Or Access for Some Consumers? I. Introduction II. Two Research Trajectories in Consumer Access to Justice III. Digitalised Access to Justice and Marginalised Consumers IV. Towards Inclusive Consumer Justice in the Digital Era V. Conclusion 17. Rise and Fall of Traffic Accident ADR in Japan: The Cause and the Possible Remedy I. Purpose of this Chapter II. Outlook of Japanese Traffic Accident ADR III. Analysis IV. Summary 18. CDR: Catalyst for China's E-Commerce I. Introduction: The Context II. Legal Approaches to CDR in China III. In-House ODR of B2C E-Commerce Platforms IV. From the National 12315 Consumer Hotline to the National 12315 ODR Platform V. China Consumers Association's ODR Platform VI. E-Litigation for E-Commerce Disputes VII. Conclusion PART IV: COURT SYSTEM REFORM AND NEW TECHNOLOGIES 19. Digital Technology and the Development of Holistic Dispute Resolution Preamble I. Reform from a Judicial Perspective II. Reform from an Academic Perspective 20. The Evolution of No-Fault Compensation Schemes for Personal Injuries I. Introduction II. Background III. No-Fault Schemes as a Replacement for Litigation IV. Conclusions 21. No-Fault Compensation Systems in the Pandemic Context I. Introduction II. Pre-Pandemic Situation of No-Fault Compensation System III. Developments in the Pandemic Context IV. Need for More Legal-Empirical Research as Basis for Pandemic Preparedness V. Conclusion PART V: ETHICAL BUSINESS REGULATION,
CORPORATE BEHAVIOUR AND REGULATORY DELIVERY 22. Ethical Business Practice and Regulation and Beyond: Challenging Traditional Approaches to Compliance and Enforcement I. From Ruth Steinholtz's Perspective II. From Srikanth Mangalam's Perspective 23. The Evolution of INDR 2017-2022 Index