by Grigoris Bacharis, Lecturer in Private Law, Edinburgh Law School
I. Introduction
I begin with a broad claim that I cannot fully defend here,[1] but wish to illustrate in part: significant areas of European delict (or tort) law are undergoing a subtle but meaningful transformation. Across domains such as environmental harm, data protection, and competition enforcement, delictual claims are increasingly mobilised to serve regulatory aims. As scholars like Kysar have noted, claimants are no longer simply seeking redress for private wrongs.[2] They are enforcing public norms through private litigation.
This shift gives rise to what might be called enforcement or regulatory delicts: private actions that retain the formal structure of delict law but pursue objectives—deterrence, compliance, and systemic accountability—that are quintessentially public. The trend is inspired mainly by American legal practice, where private enforcement, via torts, federal claims, mass litigation, and settlements, is widespread and arguably expanding.[3]
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