Mastercard Incorporated and others v Walter Hugh Merricks CBE [2020] UKSC 51 скачать в хорошем качестве

Mastercard Incorporated and others v Walter Hugh Merricks CBE [2020] UKSC 51

Mastercard Incorporated and others (Appellants) v Walter Hugh Merricks CBE (Respondent) https://www.supremecourt.uk/cases/uks... [2020] UKSC 51 UKSC/2019/0118 On appeal from the Court of Appeal Civil Division (England and Wales) 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. The issues are: (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”)? The Supreme Court dismisses Mastercard’s appeal. More information is available on our website. This judgment hand down was delivered via video link owing to restrictions brought about as a result of the COVID pandemic.