The UK Rejection Of US-Style Class Actions

Law360, New York (May 7, 2009, 12:00 AM EDT) -- In Emerald Supplies Ltd v. British Airways PLC, the High Court struck out the representative element of a claim relating to alleged anti-competitive agreements for the supply of air freight services which have been the subject of prosecutions in the United States and an ongoing investigation by the European Commission.

The decision deals a blow to pro-claimant bodies that have put forward representative actions as the U.K.’s answer to the U.S.-style class actions.

The Claim

The claimants, Emerald Supplies Ltd., import flowers using the air freight...
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