header-logo header-logo

12 March 2022
Issue: 7971 / Categories: Legal News , Collective action
printer mail-detail

Opt-out moves closer in Merricks v Mastercard

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

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Switalskis—Grimsby

Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
back-to-top-scroll