A Missed Gem of an Opportunity for the Representative Rule
16 Pages Posted: 17 May 2011
Date Written: April 1, 2011
A review of the Court of Appeal decision in Emerald Supplies Ltd v. British Airways plc., rejecting the representative action against British Airways seeking money damages for the alleged global air fuel surcharges cartel. The Article critically examines the decision and concludes that the Court of Appeal has extremely limited the scope of the representative rule, missing a gem of an opportunity to render it a truly flexible tool of convenience.
Keywords: Representative action, collective redress, class action, Emerald Supplies
JEL Classification: K4, K41
Suggested Citation: Suggested Citation