Lord Aberconway and others sought to recover for themselves and all other subscribers to a fund for the benefit of the defendant the amounts they had collectively subscribed on the grounds that they were induced to do so by misrepresentation.
Held: Insofar as the claim was made in a representative capacity it was misconceived because it could not be said that: ‘the donors to the fund have a common interest and a common grievance when the very existence of the grievance depends on facts which may differ in each individual case.’
Eve J
(1918) 87 LJ Ch 524
England and Wales
Citing:
Cited – Duke of Bedford v Ellis HL 10-Dec-1900
Ellis and five others sued on behalf of themselves and all other growers of fruit, flowers, vegetables, roots or herbs to enforce rights conferred on them by the Covent Garden Act 1828 against the Duke of Bedford as the owner of the market. The Duke . .
Cited by:
Cited – Emerald Supplies Ltd and Another v British Airways Plc ChD 8-Apr-2009
The claim was for damages after alleged price fixing by the defendants. The claimants sought to recover for themselves and as representatives of others who had similarly suffered. The defendants sought that the representative element of the claim be . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice, Torts – Other
Updated: 15 December 2021; Ref: scu.392980