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The Merricks magic

06 January 2021 / David Greene
Issue: 7915 / Categories: Opinion , Commercial
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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 landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
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