Both the class representative and Mastercard had applied to appeal elements of the CAT’s judgment on preliminary issues—the class representative’s appeal relating to limitation, while Mastercard’s appeal related to exemptibility. Handing down judgment in Merricks v Mastercard [2023] CAT 33 last week, however, the CAT dismissed both applications for permission to appeal.
Walter Merricks, a former financial services ombudsman, is acting as class representative on behalf of 46 million customers in collective proceedings against Mastercard over multilateral interchange fees, in a claim valued at more than £16bn. The class action, launched in 2016 by Merricks, became the first to be granted an ‘opt-out’ collective proceeding order (everyone included unless specifically excluded), in 2021.
