Emerald Supplies Ltd & Ors v British Airways Plc & Ors [2014] EWHC 3514 (Ch) (28 October 2014)

Emerald Supplies Ltd & Ors v British Airways Plc & Ors [2014] EWHC 3514 (Ch) (28 October 2014)

Applications for strike out and summary judgment are premature in cartel damages claims where pleadings allege conspiracy and intention but particulars depend on disclosure; claims should not be struck out or summarily dismissed before disclosure, especially where evidence is within defendants' knowledge.

Citation
[2014] EWHC 3514 (Ch)
Parties
Claimants: Emerald Supplies Ltd & Ors; Defendants: British Airways PLC; Third Party: Air Canada; Third Party: Societe Air France; Third Party: KLM NV; Third Party: Cargolux Airlines International SA; Third Party: Cathay Pacific Airways Ltd; Third Party: Lufthansa Cargo AG; Third Party: Deutsche Lufthansa AG; Third Party: Martinair Holland NV; Third Party: Qantas Airways Ltd; Third Party: Singapore Airlines Cargo PTE Ltd; Third Party: Singapore Airlines Ltd; Third Party: Swiss International Air Lines AG; Third Party: Scandinavian Airlines System Denmark-Norway-Sweden; Third Party: Air-France KLM; Third Party: SAS AB; Third Party: SAS Cargo Group A/S; Third Party: LAN Cargo SA; Third Party: LATAM Airlines Group SA; Fourth Party: Japan Airlines Co Ltd; Fourth Party: Korean Airlines Co Ltd; Fourth Party: Thai Airways International Public Co Ltd; Fourth Party: Asiana Airlines Inc; Fourth Party: Polar Air Cargo LLC
Jurisdiction
England and Wales
Judgment Date
28 October 2014
Procedural Posture
Commercial Competition Claim / Interlocutory Applications for Strike Out and Summary Judgment; Applications Adjourned Pending Disclosure
Outcome
Applications for strike out and summary judgment adjourned; no final determination on legal issues.
Legal Topics
Unlawful Means Conspiracy, Unlawful Interference, Summary Judgment, Strike Out, Disclosure, Cartel Damages, Jurisdiction of Foreign Unlawful Means
Competition Law Tort Law Civil Procedure Unlawful Means Conspiracy Unlawful Interference Summary Judgment Strike Out Disclosure +2 more

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Parties

Emerald Supplies Ltd & Ors

Claimants

British Airways PLC

Defendants

Air Canada

Third Party

Societe Air France

Third Party

KLM NV

Third Party

Cargolux Airlines International SA

Third Party

Cathay Pacific Airways Ltd

Third Party

Lufthansa Cargo AG

Third Party

Deutsche Lufthansa AG

Third Party

Martinair Holland NV

Third Party

Qantas Airways Ltd

Third Party

Singapore Airlines Cargo PTE Ltd

Third Party

Singapore Airlines Ltd

Third Party

Swiss International Air Lines AG

Third Party

Scandinavian Airlines System Denmark-Norway-Sweden

Third Party

Air-France KLM

Third Party

SAS AB

Third Party

SAS Cargo Group A/S

Third Party

LAN Cargo SA

Third Party

LATAM Airlines Group SA

Third Party

Japan Airlines Co Ltd

Fourth Party

Korean Airlines Co Ltd

Fourth Party

Thai Airways International Public Co Ltd

Fourth Party

Asiana Airlines Inc

Fourth Party

Polar Air Cargo LLC

Fourth Party

Procedural Posture

Commercial Competition Claim / Interlocutory Applications for Strike Out and Summary Judgment; Applications Adjourned Pending Disclosure

Legal Issues

  1. 1 Whether claims for unlawful means conspiracy and unlawful interference should be struck out or summarily dismissed before disclosure
  2. 2 Whether foreign unlawful means can found a conspiracy claim under English law
  3. 3 Whether loss suffered outside the jurisdiction is actionable if based on foreign statutory breaches

Ratio Decidendi

Applications for strike out and summary judgment are premature in cartel damages claims where pleadings allege conspiracy and intention but particulars depend on disclosure; claims should not be struck out or summarily dismissed before disclosure, especially where evidence is within defendants' knowledge.

Court Disposition

Applications for strike out and summary judgment adjourned; no final determination on legal issues.

Orders

  • Defendants' application for strike out and summary judgment adjourned pending disclosure.
  • Claimants' application for declarations on BA's legal contentions adjourned pending disclosure.