header-logo header-logo

Alleged dried flower cartel is grounded

23 April 2009
Issue: 7366 / Categories: Legal News , Competition
printer mail-detail

Competition

The High Court has struck out a representative action regarding an alleged air cargo cartel.

In Emerald and others v British Airways [2009] EWHC 741 (Ch), the claimant imported dried flowers from Columbia and Kenya using the air freight services of the defendant. Emerald alleged the defendant had been party to price-fixing agreements.

Emerald’s claim was brought under CPR 19.6 on behalf of two named claimants, who were said to represent all other purchasers affected by the alleged cartel. CPR 19.6 regulates the ability of a claimant to sue on behalf of himself and others. However, the Chancellor, Sir Andrew Morritt, struck out the representative aspect of the claim. Morritt C upheld BA’s argument that the “other persons” with “the same interests” whom the claimants claimed to represent did not share the same interests, which meant the claimants failed to satisfy the requirements of CPR 19.6. Further, the broad scope of the claim made it all the more important to be able to identify the parties who could be included in the claim at the outset, he said.

In his judgment, Morritt C says: “The mere fact that in this case the relevant class is both numerous and geographically widely spread is not of itself an objection to a representative action. Nevertheless the more extensive the class the more clearly should the other preconditions be satisfied.”

Issue: 7366 / Categories: Legal News , Competition
printer mail-details

MOVERS & SHAKERS

Weightmans—Emma Eccles & Mark Woodall

Weightmans—Emma Eccles & Mark Woodall

Firm bolsters Manchester insurance practice with double partner appointment

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Jackson Lees Group—five promotions

Private client division announces five new partners

NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
back-to-top-scroll