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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

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

From first-generation student to trailblazing president of the London Solicitors Litigation Association, John McElroy of Fieldfisher reflects on resilience, identity and the power of bringing your whole self to the law

Clarke Willmott—Elaine Field

Clarke Willmott—Elaine Field

Planning and environment team expands with partner hire in Manchester

Birketts—Barbara Hamilton-Bruce

Birketts—Barbara Hamilton-Bruce

Firm appoints chief operating officer to strengthen leadership team

NEWS
A landmark Supreme Court ruling has underscored the sweeping reach of UK sanctions. In NLJ this week, Brónagh Adams and Harriet Campbell of Penningtons Manches Cooper say the regime is a ‘blunt instrument’ requiring only a factual, not causal, link to restricted goods
Fraud claims are surging, with England and Wales increasingly the forum of choice for global disputes. Writing in NLJ this week, Jon Felce of Cooke, Young & Keidan reports claims have risen sharply, with fraud now a major share of litigation and costing billions worldwide
Litigators digesting Mazur are being urged to tighten oversight and compliance. In his latest 'Insider' column for NLJ this week, Professor Dominic Regan of City Law School provides a cut out and keep guide to the ruling’s core test: whether an unauthorised individual is ‘in truth acting on behalf of the authorised individual’
Conflicting county court rulings have left landlords uncertain over whether they can force entry after tenants refuse access. In this week's NLJ, Edward Blakeney and Ashpen Rajah of Falcon Chambers outline a split: some judges permit it under CPR 70.2A, others insist only Parliament can authorise such powers
A wave of scandals has reignited debate over misconduct in public office, criticised as unclear and inconsistently applied. Writing in NLJ this week, Alice Lepeuple of WilmerHale says the offence’s ‘vagueness, overbreadth & inconsistent deployment’ have undermined confidence
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