Summarize and Analyze the Draft of Thai Class Action
Summarize and analyze the draft of Thai class action
The proposed final draft of class action of late Justice Somboon Boonpinon’s object is to solve the problem of mass tort or mass injured person. This draft was made from the model rule 23 of the united stated about class action. This class action has to be separate from the normal civil procedure as it has its special characteristic which differs from the normal procedure. The most important and significant feature of class action is draft of section 222/35 said “the decision will bind all member of the class” regardless whether they have involved in the litigation or not. This is overrule the principle of section 145 of Civil Procedure code; within paragraph 2 said “..the decision shall not bind third person..” Moreover, this draft section 222/35 grants the power to the counsel to enforce the decision on behalf of the plaintiff and the member of the class. The member of the class only has the right to request his share but not to enforce individually. In present procedure, the counsel of the plaintiff will have the authority to do so only his client grants him the power.
From the most different feature, I will now summarize the rest of the different feature of the class action draft.
The injured person who will be regard as one member of the class are the person who has the same right arisen from the same fact and same principle of law even they have got different type of injury. (Section 222/1) Still, the court can order to sub-class by different type of injury (Section 222/24)
The cases that have been out in the draft to be eligible for class action are the (mass) tort, contract and the dispute arisen from other laws such as environmental law, consumer law labor, security and exchange etc. (Section 222/5)
The plaintiff may file the request to process the case as the class action case with his statement of claim, in order to do so he must state his reason. (Section
The proposed final draft of class action of late Justice Somboon Boonpinon’s object is to solve the problem of mass tort or mass injured person. This draft was made from the model rule 23 of the united stated about class action. This class action has to be separate from the normal civil procedure as it has its special characteristic which differs from the normal procedure. The most important and significant feature of class action is draft of section 222/35 said “the decision will bind all member of the class” regardless whether they have involved in the litigation or not. This is overrule the principle of section 145 of Civil Procedure code; within paragraph 2 said “..the decision shall not bind third person..” Moreover, this draft section 222/35 grants the power to the counsel to enforce the decision on behalf of the plaintiff and the member of the class. The member of the class only has the right to request his share but not to enforce individually. In present procedure, the counsel of the plaintiff will have the authority to do so only his client grants him the power.
From the most different feature, I will now summarize the rest of the different feature of the class action draft.
The injured person who will be regard as one member of the class are the person who has the same right arisen from the same fact and same principle of law even they have got different type of injury. (Section 222/1) Still, the court can order to sub-class by different type of injury (Section 222/24)
The cases that have been out in the draft to be eligible for class action are the (mass) tort, contract and the dispute arisen from other laws such as environmental law, consumer law labor, security and exchange etc. (Section 222/5)
The plaintiff may file the request to process the case as the class action case with his statement of claim, in order to do so he must state his reason. (Section