Following the latest judgment in the matter of Merricks v Mastercard, the CAT has now given a ruling on costs.
- The costs between 19 August 2021 and 9 March 2022 – Mastercard submitted that the cost for this period should be costs in the case. The CAT disagreed stating that the making of the collective proceedings order (CPO) is a watershed in collective proceedings and it is just and appropriate that the defendants should be liable for those costs.
- Payment on account of costs under all the costs orders – the CAT made the following orders for costs in these proceedings:
Period (a): Mr Merricks’ costs up to service of the claim form on 9 September 2016 shall be costs in the case.
Period (b): for the period from service of Mastercard’s response on 30 November 2016 to 23 November 2017 (the date of the original costs ruling), Mastercard is to pay Mr Merricks 80% of his costs, and the balance shall be costs in the case.
Period (c): for the period from remittal to the CAT on 11 December 2020 to the judgment on 18 August 2021, Mr Merricks is to pay Mastercard’s costs, and 15% of Mr Merricks’ costs shall be costs in the case.In total, Mastercard is to pay Mr Merricks the sum of £226,495 inclusive of VAT, within 28 days of the date of the ruling.