header-logo header-logo

A collective debate

03 July 2009 / Alan Owens
Issue: 7376 / Categories: Features , Procedure & practice , Commercial
printer mail-detail

Alan Owens predicts a long wait if the UK is to adopt a class action regime

There has in recent years been much debate about the development of collective action mechanisms both at national and European levels. In the case of Emerald Supplies Ltd v British Airways Plc [2009] EWHC 741 (Ch) the chancellor of the High Court struck out the representative element of a claimant’s claim concerning alleged anti-competitive agreements which have been the subject of prosecutions in the US and on-going investigations by the European Commission. The decision highlights the status of the current collective mechanisms in the UK.

The claim

The claimants imported cut flowers from Columbia and Kenya and used the air freight services of British Airways (BA) and other international airlines. The claimants alleged that BA had been a party to agreements and concerted practices with other international airlines directly or indirectly to fix the prices at which air freight services are supplied or to control or share the market for that supply with the object or effect of such agreements or practices to prevent or distort competition.

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn

Partner appointment in firm’s equity capital markets team

NEWS

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

Law school partners with charity to give free assistance to litigants in need

Could the Labour government usher in a new era for digital assets, ask Keith Oliver, head of international, and Amalia Neenan FitzGerald, associate, Peters & Peters, in this week’s NLJ

An extra bit is being added to case citations to show the pecking order of the judges concerned. Former district judge Stephen Gold has the details, in his ‘Civil way’ column in this week’s NLJ

The Labour government’s position on alternative dispute resolution (ADR) is not yet clear

back-to-top-scroll