Emerald Supplies Ltd & Anor v British Airways Plc

Emerald Supplies Ltd & Anor v British Airways Plc

The claimants and the persons they purport to represent do not all have 'the same interest' as required by CPR 19.6, as the class is not identifiable at the commencement of proceedings and potential conflicts such as the 'passing on' defence mean the relief sought is not equally beneficial to all members.

Source-derived case information.

Parties
Appellant: Emerald Supplies Limited; Appellant: Southern Glass House Produce Limited; Respondent: British Airways PLC
Jurisdiction
England and Wales
Judgment Date
18 November 2010
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Representative Actions, Group Litigation, Class Actions, Competition Law Breach, Civil Procedure Rules
Civil Procedure Competition Law Representative Actions Group Litigation Class Actions Competition Law Breach Civil Procedure Rules

Source-derived case record

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Parties

Emerald Supplies Limited

Appellant

Southern Glass House Produce Limited

Appellant

British Airways PLC

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the claimants and the persons they purport to represent have 'the same interest' under CPR 19.6 for a representative action
  2. 2 Whether the class of persons to be represented must be identifiable at the commencement of proceedings or only at judgment
  3. 3 Whether the relief sought is equally beneficial to all members of the class given potential conflicts such as the 'passing on' defence

Ratio Decidendi

The claimants and the persons they purport to represent do not all have 'the same interest' as required by CPR 19.6, as the class is not identifiable at the commencement of proceedings and potential conflicts such as the 'passing on' defence mean the relief sought is not equally beneficial to all members.

Court Disposition

appeal dismissed

Orders

  • Permission to amend pleadings refused
  • Costs reserved to be dealt with at the end of the appeal