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12 December 2022
Issue: 8007 / Categories: Legal News , Collective action , Competition , Compensation
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Mass campaign against Mastercard

Representatives for Walter Merricks’s £17bn ‘opt-out’ claim against Mastercard have launched the biggest public noticing campaign in legal history.

A £600,000 print and digital advertising campaign targeting national, regional and social media channels will inform consumers of their rights under the claim, with about 46 million people potentially eligible for a pay-out of up to £300 each. The campaign launched last week, following the Court of Appeal’s dismissal of Mastercard’s final challenge to certification of collective proceedings, in Mastercard v Merricks [2022] EWCA Civ 1568.

The case, which is based on interchange fees paid by businesses when consumers paid by card, is the first to be brought under the collective action regime introduced by the Consumer Rights Act 2015. Everyone within the scope of the claim is automatically included unless they specifically opt out.

Former financial ombudsman Merricks said: ‘Even if you didn’t use a Mastercard and just paid for things by cash, cheque or a different card, you can still benefit from my claim.’

MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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