The Handboek Massaschade (Handbook on Mass Harm) has recently been published. The book covers the settlement of mass harm in general, and the Dutch class action legislation WAMCA in particular. It contains chapters written by academics and practitioners.

Machteld de Monchy co-authored a chapter on mechanisms for settling mass harm claims other than class actions for damages. This chapter discusses test proceedings, collective actions for injunctive or declaratory relief, collective opt-out settlements, and group proceedings based on joinder, powers of attorney, mandates, or assignments. These mechanisms for settling mass harm claims are compared with class actions for damages. Additionally, the authors explain the circumstances in which each of these mechanisms is used.

Tim Kluwen co-authored a chapter on the Exclusive Representative, which is the claim organisation appointed as ‘lead plaintiff’ in WAMCA class actions. Among other things, the chapter discusses how the Exclusive Representative is appointed, its role and responsibilities in the proceedings, how carriage disputes can be resolved, and how the Exclusive Representative is supervised. Several comparisons are made with the appointment and role of the class representative in collective proceedings before the UK Competition Appeal Tribunal.

If you would like to receive a copy of their chapters, please contact Machteld or Tim.