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31 May 2023
Issue: 8027 / Categories: Legal News , Collective action , Competition
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Opt-out giant hits bump in the road

The Competition Appeal Tribunal (CAT) has issued its latest ruling in the mega-claim, Merricks v Mastercard Incorporated & ors.

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.

MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
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