Published on: 24 January 2025
Published by a Law360 reporter
According to an application to approve the settlement of the collective group action against Mastercard in the UK competition court, formally published on 23 January 2025, Innsworth alleges the class representative has 'not acted with best endeavours to secure its return'. Innsworth’s choice to commence arbitration proceedings against Walter Merricks was confirmed after the investor criticised his decision to settle the case. The application, released shortly before a scheduled February 2025 hearing at that time, notes that Mastercard could contribute £10m towards the costs arising from Merricks’ ongoing dispute with Innsworth in arbitration. In a witness statement issued alongside the settlement application, Merricks said he believed it was 'in the best interest of the class' to accept the offer made and that the agreement was 'just and reasonable'. Merricks also added that Innsworth...
When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
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