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17 April 2019
Issue: 7837 / Categories: Legal News , Competition
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Mastercard action back on track

The £14bn class action case against Mastercard―rejected by a tribunal last year―has been given Court of Appeal permission to proceed.

In a unanimous decision this week, Merricks v Mastercard [2019] EWCA Civ 674, the court ruled that Walter Merricks can bring proceedings against the bank on behalf of 46 million consumers for losses suffered due to illegal card fees. It held an earlier Competition Appeal Tribunal judgment contained errors of law and the tribunal misdirected itself about how it applied the legislative regime.

Merricks, a former Financial Ombudsman, is bringing the first mass consumer claim under the new ‘opt-out’ collective action regime introduced by the Consumer Rights Act 2015. The case now returns to the tribunal.

Boris Bronfentrinker, partner at Quinn Emanuel Urquhart & Sullivan, who is representing Merricks, said: ‘Whilst it had been commented that the claim against Mastercard was overblown, the Court of Appeal has... definitively determined the opposite, recognising the need for mass consumer collective actions to be able to be pursued.’

Issue: 7837 / Categories: Legal News , Competition
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MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
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