A priceless opportunity: class actions post-Merricks v Mastercard

In 2015, the United Kingdom Parliament enacted an opt-out class action for competition lawgrievances. The second class action filed under that regime, Merricks v Mastercard Inc, is a uniqueand vast case, involving most of the adult population of the UK over the 16-year class action period. Itwas appealed to the UK Supreme Court on two issues: the evidentiary threshold necessary to establishan aggregation of damages across the 46 million class members; and whether the compensationpayable to each class member has to match the actual loss suffered. Finding in favour of the representativeclaimant on both issues, the Supreme Court has provided both valuable guidance on pointsof statutory interpretation, and supportive endorsement of the concept of opt-out class actions moregenerally.

1. Introduction

To open with a question for readers: do you fall within the following description?

Individuals who, between 22 May 1992 and 21 June 2008, purch...

Verder in dit artikel:

1. Introduction

2. The UK opt-out class action

2.1.  The regime

2.2. Certification requirements

3. The common issues

4. The dispute over suitability

4.1. Aggregating class-wide damages

4.2. Distributing the damages to class members

5. The (unpredictable) task of statutory interpretation

5.1. All suitability factors require examination

5.2. The appropriate merits threshold

5.3. The significance of the common issues

5.4. 'Relative suitability'

6. Conclusion: a quintet of take-aways for the wider landscape

6.1. A platform for generic reform?

6.2. Third party funding under challenge

6.3. The sources of persuasive precedent

6.4. Framing claims of appropriate 'width'

6.5. The Supreme Court's other adjudications of interest