A comparative legal analysis of causation and assessment of damages in investor litigation
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.
Digital version available on :
- Strada lex Belgium
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|Type of product||Book|
|EAN / ISSN||9781780683034|
|Series name||Instituut Financieel Recht|
|Number of pages||xxvi + 569 p.|
|Access to exercice||No|
|Publication Date||Aug 6, 2015|
|Available on Jurisquare||Yes|
|Available on Strada Belgique||Yes|
|Available on Strada Europe||No|
|Available on Strada Luxembourg||No|
- Table of Contents
- Introduction & Research Agenda
- PART I. PRIVATE ENFORCEMENT OF EU CAPITAL MARKET LAW: EU AND NATIONAL LEGAL FRAMEWORKS
- 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
- PART II. COMPENSATORY INVESTOR SUITS IN INVESTMENT SERVICES: CONCEPT AND ASSESSMENT OF CAUSATION AND LOSS
- 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
- PART III. THE CONCEPT OF CAUSATION AND RECOVERABLE LOSS IN THE CONTEXT OF DEFICIENT MARKET DISCLOSURES
- 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
- PART IV. CONCLUSIONS