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07 December 2022
Issue: 8006 / Categories: Legal News , Collective action , Competition
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Mastercard loses latest appeal against opt-out class action

Mastercard has lost its latest appeal against the Competition Appeals Tribunal (CAT) decision to certify an ‘opt-out’ class action.

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’.

MOVERS & SHAKERS

mfg Solicitors—Deborah Bufton

mfg Solicitors—Deborah Bufton

Law firm boosts residential property team with new associate appointment

Flint Bishop—Russell Bainbridge

Flint Bishop—Russell Bainbridge

Flint Bishop lands corporate partner from Knights amid Sheffield growth drive

Bird & Bird—Huw Edwards

Bird & Bird—Huw Edwards

Bird Bird appoints expert tech patent litigator as new partner in London

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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