The Court of Appeal’s unanimous dismissal means about three million people who died between September 2016 when the claim was filed and August 2021 when the CAT certified the claim will be succeeded by representatives of their estate. Individuals who have died since August 2021 will also be succeeded, but this was not an issue in the appeal.
The pioneering billion-pound class action is being brought by personal finance campaigner Walter Merricks over multilateral interchange fees charged by Mastercard.
Boris Bronfentrinker, partner at Willkie Farr & Gallagher, representing Merricks, said the judgment in Mastercard v Merricks [2022] EWCA Civ 1568 ‘finally brings to an end the battle to get the collective proceedings certified, a battle that started over six years ago. The scope of the class represented by Mr Merricks is now settled’.
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