The English Court of Appeal holds its judgment on representative action in claim against air cargo cartel (Emerald Supplies and Anor / British Airways)

1. Summary 1.1. On 18 November 2010, the English Court of Appeal dismissed an appeal by Emerald Supplies Ltd («Emerald«) and Southern Glass House Produce Limited against a High Court judgment that the representative element of their claim against British Airways («BA«) should be struck out as it did not fall within the scope of the relevant civil procedure rules. 1.2. The Court of Appeal considered that the members of the represented class were not sufficiently defined and identifiable and that a judgment on liability would be needed in order to establish whether the interests of the persons whom the claimants sought to represent were the same. In addition, the Court considered that the proceedings would not be equally beneficial to all those they represented due to the fact that a

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  • Shoosmiths (Thames Valley)

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Simon Barnes, The English Court of Appeal holds its judgment on representative action in claim against air cargo cartel (Emerald Supplies and Anor / British Airways), 18 November 2010, e-Competitions Bulletin November 2010, Art. N° 33293

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