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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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NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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