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25 November 2010
Issue: 7443 / Categories: Case law , Law reports
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Practice—Parties—Representative proceedings

Emerald Supplies Ltd and another v British Airways plc [2010] EWCA Civ 1284, [2010] All ER (D) 200 (Nov)

Court of Appeal, Civil Division, Mummery, Toulson and Rimer LJJ,
18 Nov 2010

In order for represented persons to be bound by a judgment, that judgment has to have been obtained in proceedings that were properly constituted as a representative action before the judgment was obtained. 

Iain Milligan QC and Ben Rayment (instructed by Hausfeld & Co LLP) for the claimants.Kenneth MacLean QC and Robert O’Donoghue (instructed by Slaughter and May) for the defendant.

The proceedings concerned allegations of global infringements of competition law by illegal price-fixing cartels operating in the area of air freight charges.  The aim on the litigation was to obtain collective redress for consumers of the services.  The consumers were a very extensive group, both numerically and geographically.  The first claimant imported cut flowers into the United Kingdom from Columbia. It used the defendant’s air freight services and those of other international airlines. The claim was made by the claimant on its own behalf

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NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
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