Hausfeld to appeal class action decision

Hausfeld is to appeal a High Court decision that effectively spelt the end for US-style class actions in English and Welsh courts (see blog ).

Anthony Maton

Anthony Maton

Hausfeld partner Anthony Maton met with the claimants, cut flower importers Emerald Supplies and Southern Glass House Produce, this morning to discuss the possibility of an appeal.

The claimants issued proceedings against British Airways in September 2008, seeking damages in respect of losses they claimed to have suffered as a result of an alleged cartel in the provision of airfreight services. The airline is currently being investigated by the European Commission for its alleged involvement in the cartel.

Hausfeld attempted to bring the claim as a representative action and instructed Ian Milligan QC of 20 Essex Street to argue that the definition of Civil Procedure Rule (CPR) 19.6 should be broadened to allow the claimants to act as lead representatives.

Handing down his judgment, the chancellor of the High Court Sir Andrew Morritt said parliament should deal with representative actions rather than the court. He also stated that the representative class could not be defined until a judgment had been handed down.

Maton said the claimants would now seek permission from Morritt to appeal the decision. If that fails the fight will be taken to the Court of Appeal.