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9 - Government as Class Actions Beneficiary
from Part II - As a Participant in the Match
Rachael Mulheron, Queen Mary University of London
Book:

Class Actions and Government

Published online:

13 March 2020

Print publication:

02 April 2020, pp 315-364
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Summary

The chapter explores the notion of the government as a financial beneficiary of class actions litigation. Experiences derived from the Comparator Jurisdictions suggest that there are three ways in which a government may benefit, directly or somewhat more tangentially, from class actions litigation. Depending upon the way in which the relevant class actions statute is drafted, the government may benefit from escheat distributions of unclaimed damages; it may be a statutorily designated beneficiary of such unclaimed damages; or it may be a cy-pres beneficiary, where such an order is made by the court or by virtue of a judicially approved settlement agreement. Each of these has been rather controversial, and certainly quite disparately implemented, across the Comparator Jurisdictions.