Emerald Supplies Ltd & Ors v British Airways Plc & Ors

Emerald Supplies Ltd & Ors v British Airways Plc & Ors

Both BA's and the claimants' applications are adjourned until after disclosure. The court finds it inappropriate to decide the issues of sufficiency of pleadings, intent to injure, and the role of foreign unlawful means at this stage, given the lack of particulars and the need for disclosure. The applications are inexorably linked and should be determined at trial or after disclosure.

Parties
Claimants: Emerald Supplies Ltd & Ors; Defendants: British Airways PLC; Third Parties: Air Canada; Third Parties: Societe Air France; Third Parties: KLM NV; Third Parties: Cargolux Airlines International SA; Third Parties: Cathay Pacific Airways Ltd; Third Parties: Lufthansa Cargo AG; Third Parties: Deutsche Lufthansa AG; Third Parties: Martinair Holland NV; Third Parties: Qantas Airways Ltd; Third Parties: Singapore Airlines Cargo PTE Ltd; Third Parties: Singapore Airlines Ltd; Third Parties: Swiss International Air Lines AG; Third Parties: Scandinavian Airlines System Denmark-Norway-Sweden; Third Parties: Air-France KLM; Third Parties: SAS AB; Third Parties: SAS Cargo Group A/S; Third Parties: LAN Cargo SA; Third Parties: LATAM Airlines Group SA; Fourth Parties: Japan Airlines Co Ltd; Fourth Parties: Korean Airlines Co Ltd; Fourth Parties: Thai Airways International Public Co Ltd; Fourth Parties: Asiana Airlines Inc; Fourth Parties: Polar Air Cargo LLC
Jurisdiction
England and Wales
Judgment Date
28 October 2014
Procedural Posture
Civil / Interlocutory Applications (strike Out / Summary Judgment / Negative Declaration)
Outcome
Applications adjourned
Legal Topics
Unlawful Means Conspiracy, Unlawful Interference, Strike Out Applications, Summary Judgment, Foreign Unlawful Means, Intent to Injure, Disclosure, Jurisdiction
Competition Law Tort Law Civil Procedure Unlawful Means Conspiracy Unlawful Interference Strike Out Applications Summary Judgment Foreign Unlawful Means +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 6 Authorities cited 20 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Emerald Supplies Ltd & Ors

Claimants

British Airways PLC

Defendants

Air Canada

Third Parties

Societe Air France

Third Parties

KLM NV

Third Parties

Cargolux Airlines International SA

Third Parties

Cathay Pacific Airways Ltd

Third Parties

Lufthansa Cargo AG

Third Parties

Deutsche Lufthansa AG

Third Parties

Martinair Holland NV

Third Parties

Qantas Airways Ltd

Third Parties

Singapore Airlines Cargo PTE Ltd

Third Parties

Singapore Airlines Ltd

Third Parties

Swiss International Air Lines AG

Third Parties

Scandinavian Airlines System Denmark-Norway-Sweden

Third Parties

Air-France KLM

Third Parties

SAS AB

Third Parties

SAS Cargo Group A/S

Third Parties

LAN Cargo SA

Third Parties

LATAM Airlines Group SA

Third Parties

Japan Airlines Co Ltd

Fourth Parties

Korean Airlines Co Ltd

Fourth Parties

Thai Airways International Public Co Ltd

Fourth Parties

Asiana Airlines Inc

Fourth Parties

Polar Air Cargo LLC

Fourth Parties

Procedural Posture

Civil / Interlocutory Applications (strike Out / Summary Judgment / Negative Declaration)

Legal Issues

  1. 1 Whether the claimants' pleadings disclose a reasonable cause of action for unlawful means conspiracy and unlawful interference
  2. 2 Whether foreign unlawful means can found a conspiracy claim under English law
  3. 3 Whether damages can be claimed for losses in country B based on breach of statute in country A

Ratio Decidendi

Both BA's and the claimants' applications are adjourned until after disclosure. The court finds it inappropriate to decide the issues of sufficiency of pleadings, intent to injure, and the role of foreign unlawful means at this stage, given the lack of particulars and the need for disclosure. The applications are inexorably linked and should be determined at trial or after disclosure.

Court Disposition

Applications adjourned

Orders

  • Defendants' application for strike out/summary judgment adjourned until after disclosure
  • Claimants' application for negative declaration adjourned with liberty to restore at appropriate time