The UK Court of Appeal upholds Chancellor’s order striking out "representative parts" of a class action claim (Emerald / British Airways)

Class Actions in the U.K: Emerald Supplies Limited & Anr. v. British Airways plc* The U.K. Court of Appeal has recently rebuffed an attempt by Plaintiff’s firm, Hausfeld, to bring a collective “opt out” style action using Rule 19.6 of the CPR rules (Emerald Supplied Limited v. British Airways [2010] EWCA Civ. 1284). The claim arose from the European Commission’s investigation into the alleged air cargo cartel. (The Commission subsequently found BA and other airlines guilty of breaching Article 101 of the TFEU and fined the airlines a total of around €800 million.) Emerald Supplies Limited, an importer of flowers based in Yorkshire, commenced proceedings against British Airways in the U.K. courts, alleging that it had suffered loss as a result of the alleged cartel. Hausfeld held

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Authors

  • Ropes & Gray (London)
  • Cleary Gottlieb Steen & Hamilton (London)

Quotation

Ruchit Patel, David R. Little, The UK Court of Appeal upholds Chancellor’s order striking out "representative parts" of a class action claim (Emerald / British Airways), 18 November 2010, e-Competitions Bulletin Judicial review, Art. N° 35238

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