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06 January 2021 / David Greene
Issue: 7915 / Categories: Opinion , Commercial
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The Merricks magic

35155
David Greene salutes Walter Merricks CBE’s recent class action success in the Supreme Court & puts the case for a wider collective process for redress

In Mastercard Incorporated and others v Walter Hugh Merricks CBE [2020] UKSC 51, [2020] All ER (D) 67 (Dec) LJJ Sales and Leggatt rationalised the ‘opt out’ class action process by quoting from Judge Posner in Carnegie v Household International Inc (2004) 376 F 3d 656, 661, a decision of the US Seventh Circuit Court of Appeals: ‘The realistic alternative to a class action is not 17m individual suits, but zero individual suits, as only a lunatic or a fanatic sues for $30’.

Our own process of opt out actions, with one important exception under CPR Pt 19.6, is limited to claims for breaches of competition law. Perhaps the time has come for widening the subject matter.

Europeans (for which purpose I include the UK) have not quite come to terms with the ascription ‘class action’. Perhaps it resonates too much of litigation

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MOVERS & SHAKERS

Slater Heelis—Charlotte Beck

Slater Heelis—Charlotte Beck

Partner and Manchester office lead appointed head of family

Civil Justice Council—Nigel Teasdale

Civil Justice Council—Nigel Teasdale

DWF insurance services director appointed to Civil Justice Council

R3—Jodie Wildridge

R3—Jodie Wildridge

Kings Chambers barrister appointed chair of R3 Yorkshire

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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