Supreme Court ruling in Merricks: some important clarifications but a number of unresolved issues

On 11 December 2020 the Supreme Court handed down a very significant judgment relating to the certification of a £14bn opt-out competition collective action brought by Walter Merricks against Mastercard, in respect of losses alleged to have resulted from the use of anti-competitive multilateral interchange fees. Our competition litigation team published an initial blog post last week, … Read more

Supreme Court remits £14bn class action against Mastercard back to Competition Appeal Tribunal for reconsideration of certification

Earlier today the Supreme Court handed down its hotly-anticipated judgment regarding the certification of an opt-out competition collective action brought by Walter Merricks against Mastercard. The claim is seeking £14bn in damages on behalf of some 46.2 million UK consumers, in respect of losses alleged to have resulted from the use of anti-competitive multilateral interchanges … Read more

Class actions in Italy: a second wave of reform

Although a decade has passed since the introduction of class actions in Italy, only a handful of actions have been brought before the Italian courts and even fewer have been successful. There has been much debate as well regarding the very low amount of damages ultimately awarded by the courts to consumers. A drastic change … Read more

Shaping the boundaries of collective redress in Germany – a glimpse of the future under an EU representative action regime?

In a decision that will help shape the boundaries of collective redress in Germany, the country’s highest civil court has dismissed a claim brought against a financial institution under the Model Declaratory Action procedure. This procedure was introduced in November 2018 in the aftermath of the diesel NOx revelations in Germany and allows an action … Read more

Commercial litigation podcast series – Episode 5: General update

In this fifth episode of our series of commercial litigation update podcasts, we briefly outline the state of play for Brexit as it affects litigation in the English courts. We also look at some developments since our last update relating to the disclosure pilot, witness evidence reform and remote hearings, and finally we look at … Read more

Class action reform in France: Necessary, but debatable

Proposals for a new, general regime for class actions in France were recently presented to the French National Assembly. If accepted, the new regime will replace the current, sector-based approach where class actions are governed by a variety of consumer, environment, public health and employment legislation. It will also expand substantially the list of organisations … Read more

Article published – Class action test cases: selection and strategy

In the High Court’s recent decision in Lancaster and others v Peacock QC [2020] EWHC 1231 (Ch), the court has taken the rare step of commenting on how test cases should be selected in group litigation. Alan Watts and Maura McIntosh have published an article in PLC Magazine which considers the decision and its implications for class action … Read more