Class Action in UK Law

Leading Cases
  • Emerald Supplies Ltd v British Airways Plc
    • Court of Appeal (Civil Division)
    • 18 Nov 2010

    This does not mean that the membership of the group must remain constant and closed throughout. It defies logic and common sense to treat as representative an action, if the issue of liability to the claimants sought to be represented would have to be decided before it could be known whether or not a person was a member of the represented class bound by the judgment.

    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.

    In brief, the essential point is that the requirement of identity of interest of the members of the represented class for the proper constitution of the action means that it must be representative at every stage, not just at the end point of judgment. If represented persons are to be bound by a judgment that judgment must have been obtained in proceedings that were properly constituted as a representative action before the judgment was obtained.

  • Cutler v Wandsworth Stadium Ltd
    • House of Lords
    • 28 Feb 1949

    I do not propose to try to formulate any rules by reference to which such a question can infallibly be answered. 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.

  • Emerald Supplies Ltd v British Airways Plc
    • Chancery Division
    • 08 Abr 2009

    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.

  • Knupffer (Pauper) v London Express Newspaper, Ltd
    • House of Lords
    • 03 Abr 1944

    Where the Plaintiff is not named, the test which decides whether the words used refer to him is the question whether the words are such as would reasonably lead persons acquainted with the Plaintiff to believe that he was the person referred to. There are cases in which the language used in reference to a limited class may be reasonably understood to refer to every member of the class, in which case every member may have a cause of action.

  • Crofter Hand Woven Harris Tweed Company v Veitch
    • House of Lords
    • 15 Dic 1941

    It is enough to say that if there is more than one purpose actuating a combination, liability must depend on ascertaining the predominant purpose. If that predominant purpose is to damage another person and damage results, that is tortious conspiracy. If the predominant purpose is the lawful protection or promotion of any lawful interest of the combiners (no illegal means being employed), it is not a tortious conspiracy, even though it causes damage to another person.

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Legislation
  • The Town and Country Planning (General Permitted Development) (England) Order 2015
    • England & Wales
    • 1 de Enero de 2015
    ...... (a) includes any structure or erection and, except in Class F of Part 2, Class B of Part 11, Classes A to I of Part 14, Classes A, B ... building has been rendered unsafe or otherwise uninhabitable by the action or inaction of any person having an interest in the land on which the ......
  • The Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014
    • England & Wales
    • 1 de Enero de 2014
    ......, a practice direction or a direction, the Tribunal may take such action as it considers just, which may include- . (a) waiving the requirement; . ... (b) a class or category of appellants detained in any of those specified places, . a ......
  • National Insurance Contributions Act 2015
    • UK Non-devolved
    • 1 de Enero de 2015
    ...... Secondary Class 1 contributions: apprentices under 25 Secondary Class 1 contributions: ... . (2) For the purposes of section 208 (penalty if corrective action not taken in response to follower notice), the necessary corrective action ......
  • Corporate Insolvency and Governance Act 2020
    • UK Non-devolved
    • 1 de Enero de 2020
    ...... (i) the cause of action has accrued before the moratorium comes into force, or . (ii) all the ... “(aza) “(aza) a supply of electricity by a class of person within Class A (small supply) or Class B (resale) of Schedule 3 ......
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Books & Journal Articles
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Law Firm Commentaries
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