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Investor Losses

A comparative legal analysis of causation and assessment of damages in investor litigation

Book | 1st edition 2015 | United Kingdom, Europe, World | Elke Vandendriessche

This book focuses on private enforcement of investor protection rules in Belgium, the Netherlands, Germany, France, the UK and the USA. It examines whether and to what extent investors can claim damages for losses incurred following breaches of specific investor protective rules contained in EU capital market law.

The author concentrates on the difficulties and problems in assessing causation and loss.  She particularly focuses on those protective rules aimed at empowering investors to assess the variety of investment products and strategies and enabling them to make well‐informed investment decisions, with or without the professional assistance of financial service providers. Analysing the difficulties investors encounter to recover losses following misleading disclosures to the market, incomplete or inaccurate financial advice or improper asset management, it was established that the notions causation and recoverable loss lack consistency and coherence.

Hence, this book formulates practical and useful solutions to the evidential and/or conceptual problems investors encounter in seeking remedies for their alleged losses.

Technical info
More Information
Type of product Book
Format Hardback
EAN / ISSN 9781780683034
Serie name Instituut Financieel Recht
Weight 1180 g
Status Available
Number of pages xxvi + 569 p.
Access to exercice No
Publisher Intersentia
Language English
Publication Date Aug 6, 2015
Available on Jurisquare Yes
Available on Strada Belgique No
Available on Strada Europe No
Available on Strada Luxembourg No


  • Table of Contents
  • Introduction & Research Agenda
  • Chapter I. EU Capital Market Law from an Investor Protection Perspective: Legal Framework and Paradigms
  • Chapter II. Private Enforcement of EU Capital Market Law – European Legal Framework
  • Chapter III. Private Enforcement of (EU) Capital Market Law – National Legal Frameworks
  • Chapter I. The Requirement of Transaction Causation in Investor Suits for Defective Investment Services
  • Chapter II. The Concept and Assessment of Recoverable Loss in Investors Suits Concerning Defective Investment Services
  • Chapter I. The Concepts of Loss and Causation in the Context of Deficient Issuer Information: Transaction Model
  • Chapter II. An Alternative Approach to Investor Losses Following Secondary Market Misstatements: the Market-Based Approach
  • Addenda
  • Bibliography