The High Court has today dismissed an application by MasterCard to strike out claims made by Tesco Stores in relation to interchange fees. MasterCard argued that the claimants form part of a single undertaking with Tesco Bank which issues MasterCard cards and are hence precluded from claiming damages by the principle of ex turpi non causa or illegality. Asplin J dismissed the application, on the basis that a number of issues in the case were unsuitable for disposal on a summary basis. The judgment contains interesting observations on the legal principles relating to single undertakings and the defence of ex turpi.
Tim Ward QC and Rob Williams acted for the successful claimants.
Please click to view the full Tesco Stores Ltd and Ors v MasterCard judgment.