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20 May 2022 / Eleanor Leedham
Issue: 7979 / Categories: Features , Collective action
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Merricks v Mastercard: watch this space

81950
Eleanor Leedham reports on lessons learned from Mr Merricks’ multi-billion-pound action against Mastercard: what could this mean for other collective proceedings?
  • The Competition Appeal Tribunal (CAT) ruled in March that Mr Merricks’s arguments on the domicile date and an amendment application in his ongoing action against Mastercard had been successful.
  • The UK landscape for opt-out actions continues to emerge, with five more opt-out collective claims certified by the CAT since Mr Merricks’s claim began in August 2021.

In March this year, the UK’s Competition Appeal Tribunal (CAT) determined that around three million deceased persons are automatically part of a class of 46 million on whose behalf Mr Walter Merricks, former head of the Financial Ombudsmen Service, is claiming paid higher prices because of excessive fees charged by Mastercard. Each member of the class could potentially receive around £300, should Mr Merricks succeed in the proceedings.

Getting up to date

The CAT’s judgment on consequential matters (1266/7/7/16 Walter Hugh Merricks v Mastercard Incorporated and Others [2022] CAT 13) follows

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mfg Solicitors—Hayley Pearce & Lauren Williams

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NEWS
Bill disputes between solicitors and clients should be dealt with by an online portal rather than sent to the Legal Ombudsman (LeO), the Association of Costs Lawyers (ACL) has argued
MPs have warned of an ‘unacceptably high risk of miscarriages of justice’ due to a lack of legal aid and increasing levels of self-representation
The government is considering restricting judicial review challenges against housing schemes, motorways and other major planning applications
Damages-based agreements (DBAs), also known as contingency fees, could be allowed for opt-out collective actions in the Competition Appeal Tribunal
Couples could legally marry almost anywhere, from canal boats to cruise ships at sea, under proposals launched last week
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