A Missed Gem of an Opportunity for the Representative Rule

Posted by D. Daniel Sokol

Rachael Mulheron, Queen Mary University of London, School of Law describes A Missed Gem of an Opportunity for the Representative Rule.

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.