Emerald Supplies Ltd & Anor v British Airways Plc [2009] EWHC 741 (Ch) (08 April 2009)

Emerald Supplies Ltd & Anor v British Airways Plc [2009] EWHC 741 (Ch) (08 April 2009)

CPR Rule 19.6 does not permit representative proceedings where the class is defined by criteria dependent on the outcome of the action and is unidentifiable at the time the claim is issued. The existence of conflicts of interest regarding damage and 'passing on' further precludes such proceedings.

Citation
[2009] EWHC 741 (Ch)
Parties
Claimant: Emerald Supplies Ltd & Anr; Defendant: British Airways PLC
Jurisdiction
England and Wales
Judgment Date
08 April 2009
Procedural Posture
Strike Out Application / Interlocutory
Outcome
Application granted; representative element of the claim struck out.
Legal Topics
Representative Actions, Class Actions, Price Fixing, Competition Act 1998, EC Treaty Article 81, EEA Agreement Article 53
Civil Procedure Competition Law Representative Actions Class Actions Price Fixing Competition Act 1998 EC Treaty Article 81 EEA Agreement Article 53

Case Brief

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Parties

Emerald Supplies Ltd & Anr

Claimant

British Airways PLC

Defendant

Procedural Posture

Strike Out Application / Interlocutory

Legal Issues

  1. 1 Whether claimants can bring representative proceedings under CPR Rule 19.6 for alleged cartel damages
  2. 2 Whether the class of represented claimants has 'the same interest' as required by CPR Rule 19.6
  3. 3 Whether the relief sought is equally beneficial to all members of the class

Ratio Decidendi

CPR Rule 19.6 does not permit representative proceedings where the class is defined by criteria dependent on the outcome of the action and is unidentifiable at the time the claim is issued. The existence of conflicts of interest regarding damage and 'passing on' further precludes such proceedings.

Court Disposition

Application granted; representative element of the claim struck out.

Orders

  • Representative element of the claim struck out under CPR Rule 19.6
  • Further orders as per draft minute of order attached to application notice