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Mastercard Incorporated and others (Appellants) v Walter Hugh Merricks CBE (Respondent)
Case summary
Case ID
UKSC/2019/0118
Parties
Appellant(s)
Mastercard Incorporated and others
Respondent(s)
Walter Hugh Merricks CBE
Issue
(1) What is the legal test for certification of claims as eligible for inclusion in collective proceedings? (2) What is the correct approach to questions regarding the distribution of an aggregate award at the stage at which a party is applying for a Collective Proceedings Order ("CPO")?
Facts
This case concerns an application for a CPO to enable the continuation of proceedings brought by the respondent as a proposed class representative for 46.2 million people who between 22 May 1992 and 21 June 2008 purchased goods and/or services from businesses in the UK that accepted Mastercard cards. The Competition Appeal Tribunal ("CAT") concluded that these claims were not suitable to be brought in collective proceedings and it therefore declined to make a CPO in the case. The Court of Appeal set aside this order and remitted the application for a CPO to the CAT. The appellants now seek permission to appeal to the Supreme Court.
Date of issue
14 May 2019
Judgment details
Judgment date
11 December 2020
Neutral citation
[2020] UKSC 51
Judgment links
Judgment summary
11 December 2020
Appeal
Justices
Hearing dates
Full hearing
Start date
13 May 2020
End date
14 May 2020
Watch hearings
13 May 2020 - Morning session
13 May 2020 - Afternoon session
14 May 2020 - Morning session
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Change log
Last updated 16 April 2024