See http://www.moneywise.co.uk/news-views/2008/02/25/how-to-reclaim-illegal-fuel-surcharges for a report on this issue and go to the site https://www.airpassengerrefund.co.uk/ for details on how to claim.

The refund applies to tickets on ?long-haul? flights. The purchase must have been made in the United States or in the United Kingdom. Long-haul flights include all Virgin Atlantic flights and most British Airways flights between the U.K. and non-E.U. destinations, including flights to and from the United States. A complete list of qualifying flights on British Airways can be found by clicking the tab to the left entitled Important Documents and clicking the List of Qualifying Long-Haul British Airways Flights. All Flights on Virgin Atlantic qualify as long-haul flights.

IF YOU BOUGHT A TICKET ON BRITISH AIRWAYS OR VIRGIN ATLANTIC AIRWAYS IN THE U.S. OR IN THE U.K. BETWEEN 11 AUGUST 2004 AND 23 MARCH 2006, YOU MAY BE ENTITLED TO A PARTIAL REFUND OF THE FUEL SURCHARGE.