A Missed Gem of an Opportunity for the Representative Rule

16 Pages Posted: 17 May 2011  

Rachael Mulheron

Queen Mary University of London, School of Law

Date Written: April 1, 2011

Abstract

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

Mulheron, Rachael, A Missed Gem of an Opportunity for the Representative Rule (April 1, 2011). European Business Law Review, Forthcoming; University of Cambridge Faculty of Law Research Paper No. 18/2011. Available at SSRN: https://ssrn.com/abstract=1837479

Rachael Mulheron (Contact Author)

Queen Mary University of London, School of Law ( email )

School of Law
London
United Kingdom
020 7882 7449 (Phone)

HOME PAGE: http://www.laws.qmul.ac.uk/staff/mulheron.html

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