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Breaking: CAT rejects MasterCard consumer action

July 21, 2017, Commercial Dispute Resolution

Elaine Whiteford is quoted in a Commercial Dispute Resolution article regarding the UK Competition Appeal Tribunal's decision to block a £14bn class action lawsuit against MasterCard from proceeding. “Given that this is a new regime, and given that in the Gibson case, the CAT adjourned the hearing of the application for the CPO to afford the claimant the opportunity to file and serve an amended claim form and expert evidence, it is perhaps surprising that Merricks was not afforded a similar opportunity – in his case, to prepare submissions on the data available for his proposed methodology for calculating a weighted average pass through," she says. Although, in terms of third-party funding of claims, Whiteford adds that the judgment is encouraging as it “clarified that a funder's uplift in the event of success can be paid from undistributed amounts."

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