header-logo header-logo

Opt-out moves closer in Merricks v Mastercard

12 March 2022
Issue: 7971 / Categories: Legal News , Collective action
printer mail-detail
Walter Merricks, who is bringing a pioneering ‘opt-out’ class action against Mastercard, has won the latest step in the mammoth litigation

Merricks was successful on arguments on the domicile date and an amendment application this week in the Competition Appeal Tribunal (CAT), in Merricks v Mastercard [2022] CAT 13.

According to Merricks’ lawyers Willkie Farr & Gallagher, this means more than three million class members who were alive on 6 September 2016 but have since died will be succeeded as a ‘represented person’ by the personal or authorised representative of their estate in the litigation.

Giving the judgment, the CAT said the domicile date should be specified as the claim form date. Otherwise, more than three million people would be excluded, leading to ‘a windfall for Mastercard… And it would result from the original, erroneous decision of this tribunal to refuse a CPO and then the prolonged process of appeals, neither of which is the fault of those who will thereby be excluded from the class’.

However, it added it reached this decision on the circumstances of the case. ‘For CPO applications in the future, it is undesirable for the class definition to depend on the domicile date,’ it said.

‘The two concepts should be kept separate, and the domicile date limited to its particular statutory purpose.’

The CAT also agreed to the use of a higher interest rate of 5% above the Bank of England rate, which Willkie Farr estimates could add up to £2.7 billion to the £14 billion claim.

Willkie Farr & Gallagher partner Boris Bronfentrinker said: ‘This brings to a conclusion the one final outstanding issue that needed to be resolved, and we now expect the Collective Proceedings Order (CPO) to be made in the course of next week.’

The next hearing is expected to be in the CAT at the end of July.

Issue: 7971 / Categories: Legal News , Collective action
printer mail-details

MOVERS & SHAKERS

Gibson Dunn—London partner promotions

Gibson Dunn—London partner promotions

Firm grows international bench with expanded UK partner class

Shakespeare Martineau—six appointments

Shakespeare Martineau—six appointments

Firm makes major statement in the capital with strategic growth at The Shard

Myers & Co—Jess Latham

Myers & Co—Jess Latham

Residential conveyancing team expands with solicitor hire

NEWS
One in five in-house lawyers suffer ‘high’ or ‘severe’ work-related stress, according to a report by global legal body, the Association of Corporate Counsel (ACC)
The Legal Ombudsman’s (LeO’s) plea for a budget increase has been rejected by the Law Society and accepted only ‘with reluctance’ by conveyancers
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
back-to-top-scroll