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17 February 2021 / Lucy Rigby
Issue: 7921 / Categories: Features , Competition , Commercial
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Merricks: setting the standard

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Setting the standard for opt-out collective redress: the Supreme Court’s judgment in Merricks, reported by Lucy Rigby
  • The Supreme Court’s recent judgment in Merricks sets the standard which existing and future opt-out collective actions will be required to meet at the certification stage.
  • This judgment is a seminal one for the country’s young opt-out regime and a ringing endorsement of the principles behind the introduction of the Consumer Rights Act 2015.
  • The judgment is consumer-friendly and it is expected that more opt-out collective actions will now be filed.

What standard ought an opt-out collective claim be required to meet to proceed to trial? That, in essence, was the question before the Supreme Court in Mastercard Incorporated and others v Merricks [2020] UKSC 51, [2020] All ER (D) 67 (Dec). The Supreme Court’s answer, delivered in December of last year, constitutes a resounding endorsement of opt-out redress and the most significant ruling to date for the UK’s fledgling opt-out collective regime for infringements of competition law.

Justice delayed

Many judgments

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MOVERS & SHAKERS

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

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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