Competition
Mastercard Inc and others v Merricks [2022] EWCA Civ 1568, [2022] All ER (D) 04 (Dec)
The Court of Appeal, Civil Division, dismissed the appellant’s appeal against the decision of the Competition Appeal Tribunal (CAT) in relation to the determination of the ‘domicile date’ in collective proceedings. The CAT found that the domicile date was the date on which the claim form had been submitted. The court held, among other things, that the overall purpose of the collective proceedings regime was to provide access to justice for individual claimants who would not otherwise be able to obtain legal redress. The CAT had unfettered discretion to specify the domicile date, save that in exercising the discretion the CAT could not disregard that overall statutory purpose. The CAT clearly did not do so.
Disclosure
Republic of Mozambique v Credit Suisse International and others [2022] EWHC 3054 (Comm), [2022] All ER (D) 08 (Dec)
The Commercial Court ruled on an application made in the course of the claimant state’s claim, against the defendant financial
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