Modern Variations on the Theme

Abstract

Abstract This chapter considers contemporary developments in private law. We live in a world that increasingly includes statutory encroachments on common law principles, and some of these revisions alter the way legal claims are pursued. A focus on rights of redress offers different perspectives on several of these developments, sometimes offering grounds for critique and sometimes providing support. This chapter will assess the implications of damage caps, arbitration, litigation finance, corporate claims, and class actions. As will be developed, these contemporary legal features suggest that redress exists along several continuums: it can be more or less private; it can depend on a neutral third-party decision-maker or it can be unilateral; it can be more or less subject to a right holder’s control; and it can be more or less complete. Whichever form redress takes, however, it will also implicate questions of justice. In order to fully appreciate why redress matters, each of these features needs to be assessed.