The UK Supreme Court clarifies low bar for class action certification (Merricks / Mastercard)

On 11 December 2020, the U.K. Supreme Court (the Court) handed down its much-awaited ruling in Merricks v Mastercard, [1] dismissing Mastercard’s appeal against the English Court of Appeal’s April 2019 [2] decision in a 3-2 ruling. The main aspects of the decision are explained below: This ruling revives the possibility of a claim by 46.2 million individuals in the U.K. for alleged losses spanning over 16 years across all retail sectors in the U.K. economy, valued at £14 billion. The diversity of the consumers, retail businesses and extent (if any) of passing-on of overcharges to consumers were not necessarily a bar to certification. Rather, the test was whether the class was more suitable for collective proceedings than individual actions, noting the risk that individual claims would

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Authors

  • Skadden, Arps, Slate, Meagher & Flom (London)
  • Skadden, Arps, Slate, Meagher & Flom (London)
  • Skadden, Arps, Slate, Meagher & Flom (London)
  • Skadden, Arps, Slate, Meagher & Flom (London)
  • Skadden, Arps, Slate, Meagher & Flom (London)

Quotation

Bill Batchelor, Bruce Macaulay, Jonathon J. Egerton-Peters, Aurora Luoma, Sym Hunt, The UK Supreme Court clarifies low bar for class action certification (Merricks / Mastercard), 11 December 2020, e-Competitions December 2020, Art. N° 98649

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