Four plaintiffs set out to represent 13,000 tenants, and sought to challenge a proposed rent increase. The scheme they sought to challenge provided for different rents taking into consideration the financial circumstances of individual tenants. Of the tenants the rents of only 8,000 would be increased.
Held: The plaintiffs did not meet the requirements for a representative action, because the class of corporation tenant did not have a common interest or grievance and the relief sought was not in its nature beneficial to all members of the class which the plaintiffs claimed to represent. Sir Raymond Evershed MR set out the test under Order 16 r 9, ‘It must be shown . . that all the members of the alleged class have a common interest, that all have a common grievance, and that the relief is in its nature beneficial to them all.’
Judges:
Sir Raymond Evershed MR
Citations:
[1954] 1 QB 210
Jurisdiction:
England and Wales
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
Updated: 02 May 2022; Ref: scu.392983