Class Action in UK Law
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Emerald Supplies Ltd v British Airways Plc
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It is not disputed that damage is a necessary element in the cause of action of individual members of the class. Given the nature of the cause of action and the market in which the relevant transactions took place there is an inevitable conflict between the claims of different members of the class.
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Pickering v Liverpool Daily Post and Others
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Emerald Supplies Ltd v British Airways Plc
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This does not mean that the membership of the group must remain constant and closed throughout. It does not have to be possible to compile a complete list when the litigation begins as to who is in the class or group represented. Judgment in the action for a declaration would have to be obtained before it could be said of any person that they would qualify as someone entitled to damages against BA.
A second difficulty is that the members of the represented class do not have the same interest in recovering damages for breach of competition law if a defence is available in answer to the claims of some of them, but not to the claims of others: for example, if BA could successfully run a particular defence against those who had passed on the inflated price, but not against others.
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Cutler v Wandsworth Stadium Ltd
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The only rule which in all circumstances is valid is that the answer must depend upon a consideration of the whole Act and the circumstances, including the pre-existing law, in which it was enacted. For instance, if a statutory duty is prescribed by no remedy by way of penalty or otherwise for its breach is imposed, it can be assumed that a right of civil action accrues to the person who is damnified by the breach. For, if it were not so, the statute would be but a pious aspiration.
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Knupffer (Pauper) v London Express Newspaper, Ltd
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Warnink (Erven) Besloten Vennootschap v J Townend & Sons (Hull) Ltd
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The Town and Country Planning (General Permitted Development) (England) Order 2015
... ... Class F of Part 2, F87Classes P and PA of Part 3, Class B of Part 11, Classes A ... paragraph (5) , the local planning authority must take no further action in relation to that prior approval application from the date it receives ... ...
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Serious Crime Act 2015
... ... (b) any action or proceedings taken for the purposes of any such realisation or transfer ... 9 In section 8 (limited class of applicants for making of orders)- ... (a) omit the word "and" at the ... ...
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Fatal Accidents Act 1959
... ... Act, 1846, and the Carriage by Air Act, 1932, by enlarging the class of persons for whose benefit an action may be brought thereunder, and to ... ...
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The Explosives Regulations 2014
... ... accordance with the United Nations Recommendations as falling within Class 1 but it does not include—(a) ammunition the acquisition of which is ... the agreement of the licensee it must, before taking any such action, notify the licensee of its proposed course of action and afford the ... ...
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An Australian Perspective on Class Action Settlements
Recent studies of the class action device have prompted legal commentators to turn their attention to the crucial issue of whether this device should be introduced in England and Ireland and, if so...
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Class action suits by shareholders in India
Purpose: As a part of the overhaul of the corporate governance norms, the Indian Government recently introduced class action suits for shareholders in India. This paper aims to analyze the efficacy...
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Class action certification and constitutional claims: The South African case
This article considers whether, in the case of South African, there is a valid basis for requiring certification of certain types of class actions only. Specifically, the article will consider whet...
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Justice Enhanced: Framing an Opt‐Out Class Action for England
This article contends that the absence of an opt‐out class action remains a yawning gap within English civil procedure. Various recent reform proposals have favoured opt‐in procedural vehicles as t...
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British Airways Settles UK Breach Class Action
On July 6, 2021, it was reported that British Airways had settled a UK class action lawsuit relating to its 2018 data breach, in which approximately 430,000 data subjects were affected.
- Gladstone Class Action
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Launch of First UK Opt-Out Class Action
October 1, 2015, marked the entry into force of the Consumer Rights Act 2015 ("CRA"), bringing with it an opt-out class action regime for the private enforcement of infringements in competition law...
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First Opt-Out Class Action Underway In The United Kingdom
On June 21, 2016, the United Kingdom Competition Appeal Tribunal (the “Tribunal”) published notice of an application to commence collective proceedings under Section 47B of the UK’s competition act...
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Notice of issue in road traffic accident claims
Road Traffic Act (RTA) personal injury forms including the form to contest an RTA claim.... ... Notice of Issue ... (Practice Direction 8B – Pre-Action ... Protocol for Low Value Personal Injury ... Claims in Road Traffic ... The court sent it to the defendant by first class post on ... and it will be deemed served on ... The defendant has until ... ...
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Notice of issue (Specified amount)
County Court forms including the N1 money claim form.... ... The court sent it to the defendant by first class post on [ ... and it will be deemed to be served on [ ... The defendant ... defence, your claim will be stayed. This means that ... the only action you can take is to apply to a judge for ... an order lifting the stay ... ...
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personal welfare application (COP GN4)
Court of Protection forms including the COP1 application to make decisions on someone's behalf.... ... rights and freedom of action ... • make declarations about a person’s capacity to ... make a ... • sending it to that address, by first-class post or by ... an alternative method of service that provides for ... ...