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Cartel case could trigger US-style class actions in UK
International | 2010/11/17 11:09

BRITISH Airways and other carriers accused of fixing cargo prices could face US-style class action suits in Britain for the first time. A ruling on the case is expected today.

Two flower shippers who were denied the right to form a group to sue British Airways now wait for the Court of Appeal ruling.

A ruling in favour of the flower shippers could show it is possible to adopt a class action model in the UK without waiting for new legislative changes, London-based antirust lawyer Frances Murphy, who leads the antitrust practice at Jones Day LLP, told Bloomberg.

The ruling tomorrow has the potential to “mushroom”, said Murphy, by making it cheaper and faster to seek damages in the UK against companies that collude to inflate prices.

British Airways and 10 other carriers were fined a total of 799.4 million euros by the European Union last week following a three year probe of the cartel.

Customer class actions are rare in the UK, and have not been done on the scale that they have in the US.

If the cargo customers win their appeal and are permitted to form a call to sue the airline, the Court would essentially be loosening a Century-old rule, brining the UK closer to the US in terms of recovery for customers, Bloomberg reports.



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Class action or a representative action is a form of lawsuit in which a large group of people collectively bring a claim to court and/or in which a class of defendants is being sued. This form of collective lawsuit originated in the United States and is still predominantly a U.S. phenomenon, at least the U.S. variant of it. In the United States federal courts, class actions are governed by Federal Rules of Civil Procedure Rule. Since 1938, many states have adopted rules similar to the FRCP. However, some states like California have civil procedure systems which deviate significantly from the federal rules; the California Codes provide for four separate types of class actions. As a result, there are two separate treatises devoted solely to the complex topic of California class actions. Some states, such as Virginia, do not provide for any class actions, while others, such as New York, limit the types of claims that may be brought as class actions. They can construct your law firm a brand new website, lawyer website templates and help you redesign your existing law firm site to secure your place in the internet.
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