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The English High Court Rules in Favour of Air Cargo Defendants Regarding Temporal Scope of Claimants’ Claims

Geert Goeteyn et al., Shearman & Sterling Publications, October 2017

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On 4 October 2017, the High Court gave a judgment on a preliminary issue significantly restricting the temporal scope of the claimants’ claims in four air cargo cartel damages actions.

This judgment is the last in a series of adverse judgments for the claimants in these proceedings.

British Airways (“BA”) is defending four damages claims in connection with an air-cargo cartel identified in the European Commission’s Airfreight decision of 2010 (later annulled by the EU General Court in part against British Airways and supplemented with a 2017 re-adopted Commission decision), which is alleged to have caused damages to shippers. It has joined a number of other airlines as Part 20 defendants to the claims. Damages are sought in relation to the period 2001 to 2007.

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