Emerald Supplies Ltd & Anor v British Airways Plc

Emerald Supplies Ltd & Anor v British Airways Plc

CPR Rule 19.6 does not permit the claimants to represent the class described in the particulars of claim because the criteria for inclusion in the class depend on the outcome of the action and cannot be satisfied at the time the claim is brought. Additionally, the relief sought is not equally beneficial to all members due to inherent conflicts regarding damage and the passing on of inflated prices.

Parties
Claimant: Emerald Supplies Ltd & Anr; Defendant: British Airways PLC
Jurisdiction
England and Wales
Judgment Date
08 April 2009
Procedural Posture
Civil / Ruling on Application to Strike Out Representative Element of Claim
Outcome
Application granted; representative element of claim struck out.
Legal Topics
Representative Actions, Class Actions, Price Fixing, Damages, Passing on Defence
Competition Law Civil Procedure Representative Actions Class Actions Price Fixing Damages Passing on Defence

Case Brief

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Parties

Emerald Supplies Ltd & Anr

Claimant

British Airways PLC

Defendant

Procedural Posture

Civil / Ruling on Application to Strike Out Representative Element of Claim

Legal Issues

  1. 1 Whether claimants can bring a representative action under CPR Rule 19.6 for damages arising from alleged price-fixing agreements
  2. 2 Whether the class of persons represented have '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 the claimants to represent the class described in the particulars of claim because the criteria for inclusion in the class depend on the outcome of the action and cannot be satisfied at the time the claim is brought. Additionally, the relief sought is not equally beneficial to all members due to inherent conflicts regarding damage and the passing on of inflated prices.

Court Disposition

Application granted; representative element of claim struck out.

Orders

  • Representative element of the claim struck out as per para 1 of the draft minute of order.
  • Orders sought in paras 2 and 3 of the draft minute granted.