Class Actions in the UK - Emerald Supplies Limited & Anr. v. British Airways plc

On November 18, 2010, the U.K. Court of Appeal upheld a decision of the U.K. High Court striking out an attempt by the claimant to act on behalf of a class of claimants in a follow-on claim for damages resulting from alleged cartel activity (Emerald Supplied Limited v. British Airways [2010] EWCA Civ. 1284). The Court of Appeal’s judgment indicates that “opt-out” style class actions are difficult to bring in the U.K. and suggests that claimants wishing to pursue a group action are better placed using established “opt-in” methods provided for by U.K. law (e.g., group litigation orders).