- Cited — Nippon Yusen Kabushiki Kaisha & Ors v Mark McLaren Class Representative Limited 2023-12-08
“…authorities, including Sainsbury's Supermarkets Ltd v Visa Europe Services LLC and Mastercard Inc [2020] UKSC 24, [2020] Bus LR 1196; Mastercard Inc v Merricks [2020] UKSC 51, [2021] 3 All ER 285; Lloyd v Google LLC [2021] UKSC 50, [2022] AC 1217; Le Patourel v BT Group PLC and another [2022] EWCA Civ 593, [2023] 1 All ER (Comm) 667…”
- Cited — Phillip Gwyn James Evans v Barclays Bank PLC & Ors 2023-11-09
“…[2020] UKSC 51…”
- Cited — UK Trucks Claim Limited v Stellantis NV (formerly Fiat Chrysler Automobiles NV) & Ors 2023-07-25
“…[2020] UKSC 24 (“Sainsbury’s”), the Supreme Court held that pass-on in a competition case can be estimated by use of the “broad axe”. Merricks v Mastercard Inc [2020] UKSC 51 (“Merricks SC”) demonstrated that pass-on, however much it might vary as between members of the class, will be a common issue if it can be addressed on a commo…”
- Cited — MOL (Europe Africa) Ltd & Ors. v Mark McLaren Class Representative Ltd 2022-12-21
“… matter up front. The Court of Appeal only has jurisdiction to hear appeals on a “point of law”: Section 47 CA 1998. The judgments in Merricks v Mastercard Inc [2020] UKSC 51 (“Merricks”) and Le Patourel v BT Group PLC and another [2022] EWCA Civ 593 (“Le Patourel”) at paragraphs [50] – [57] have provided guidance as to the identifi…”
- Applied — Mastercard Incorporated & Ors v Walter Hugh Merricks 2022-11-29
“…cision to the Supreme Court. On 11 December 2020, the Supreme Court dismissed the appeal and held that the application for a CPO should be remitted to the CAT ([2020] UKSC 51). On 18 August 2021, following the remittal hearing, the CAT granted the CPO applied for by Mr Merricks ([2021] CAT 28). At the remittal hearing, Mr Merricks s…”
- Cited — Mastercard Incorporated & Ors v Walter Hugh Merricks 2022-11-29
“…s which could in theory be the subject of an individual action but where the bringing of such claims individually is not practicable: see Merricks v Mastercard [2020] UKSC 51 per Lord Briggs at [45]. Specification of the Claim Form date would enable the inclusion in these proceedings of claims which could in theory have been brought…”
- Considered — London & South Eastern Railway Limited & Ors v Justin Gutmann 2022-07-28
“…The system of collective redress under the CA 1998 has been described in the Supreme Court judgments in Mastercard Inc vMerricks [2020] UKSC 51 (“Merricks”) and Lloyd v Google LLC [2021] UKSC 50 (“Lloyd”). The system, as interpreted by those judgments, was considered in a judgment of this Court in BT G…”
- Cited — Município de Mariana v BHP Group (UK) Ltd & Anor. 2022-07-08
“…Such an approach is entirely consistent with the decision in Mastercard v Merricks [2020] UKSC 51, [2021] 3 All ER 285, [2021] 1 Bus LR 25, in the context of collective proceedings. At para. [74] Lord Briggs stated:…”
- Cited — BT Group Plc & Anor. v Justin le Patourel 2022-05-06
“…[2020] UKSC 51 (“…”
- Cited — Paccar Inc & Ors v Road Haulage Association Ltd & Ors 2021-03-05
“…I pause to note that the Supreme Court has recently given its judgment on the appeal in the Merricks case on 11 December 2020: see [2020] UKSC 51. The leading judgment for the majority was delivered by Lord Briggs, with whom Lord Thomas and (before his death on 1 December) Lord Kerr agreed. As Lord Brigg…”