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23 April 2009
Issue: 7366 / Categories: Legal News , Competition
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Alleged dried flower cartel is grounded

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
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MOVERS & SHAKERS

Newcastle & North of England Law Society—Lesley Fairclough

Newcastle & North of England Law Society—Lesley Fairclough

Ward Hadaway partner becomes bicentennial president following regional merger

Devonshires—four promotions

Devonshires—four promotions

Firm promotes four senior associates to partner in annual round

Fieldfisher—John McElroy & Daniel Hayward

Fieldfisher—John McElroy & Daniel Hayward

Co-heads of dispute resolution practice appointed alongside partner promotions

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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