In court this week – latest development in the interchange litigation and Care UK dispute re the CMA review of the care sector

10 May 2021

Two separate teams from Monckton Chambers are in court this week on significant cases:

Monckton’s Kassie Smith QC and Fiona Banks, instructed by Humphries Kerstetter partner Mark Humphries, are representing hundreds of claimants against Visa and Mastercard, in what will be the latest development in the interchange litigation saga. Wednesday’s proceedings follow last month’s preliminary hearing to determine whether 40 Italy-based claimants are to be governed by English or Italian law. The Claimants are seeking summary judgment under Article 101(1) on all of their claims following the Supreme Court judgment of last summer. This application has huge implications for all “second wave” MIFs claims as, if it succeeds, only issues arising under Article 101(3) and as regards quantum will remain to be litigated in these cases. The application is being hotly contested by Visa and Mastercard.

Monckton’s Gerry Facenna QC and Daisy Mackersie, instructed by CMS Cameron McKenna Nabarro Olswang disputes partner Tom Dane, are representing Care UK, one of the UK’s largest care home providers, defending a claim by the CMA in the Business and Property Courts that the administration fees charged by Care UK between 2013 and 2018 were contrary to EU consumer protection legislation and should be refunded. This dispute forms part of the CMA’s wider review into the care home sector and its efforts to bolster its consumer protection powers.

For subscribers to The Lawyer Litigation Tracker, further detail can be found here.