British Airways - High Court Dismisses Novel Class Action Claim

May 2009
Insight
Ian S. Forrester QC, LLD, Robert Wheal, Charles Balmain

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In its recent judgment in Emerald Supplies Limited & Anr. v British Airways Plc the High Court has struck out an attempt by US claimant law-firm, Hausfeld & Co LLP, to bring what was, in effect, a US-style class action claim before the English courts.

The judgment confirms that, despite calls for reform of the rules on collective redress, the English courts will not adopt flexible interpretations of those rules to achieve the policy-goal of facilitating class actions in competition cases. Instead, if such actions are to be made possible in England, it seems inevitable that this will only be after legislative reform to that effect.

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