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Director Mohsin Patel comments on the fallout of Merricks v Mastercard in Law.com

Following the fallout of the recent Competition Appeal Tribunal case Merricks v Mastercard, Director Mohsin Patel comments on the impact of this ruling and other recent developments on the UK consumer action regime and litigation funding industry in Law.com.

Mohsin’s comments were published in Law.com, 29 January 2025, and can be found here.

Speaking on Merricks v Mastercard and the news that the litigation funder has launched arbitration proceedings against their own class rep representative, Mohsin told Law.com: “No doubt defendants will be rubbing their hands with glee, and watching all this unfold with the popcorn out.

“It’s very important to consider the background and reputation of a funder before getting into bed with them. You need people that are sensible, and people that won’t wet the bed if something goes wrong, because things go wrong all the time. Litigation is a roller coaster.”

Speaking on the calls for further regulation of the sector, Mohsin told Law.com that it was important to recognise that litigation funding takes place within a highly regulated environment, including the oversight of the courts.

Commenting on the idea that the UK may impose a cap on the recoveries funders are entitled to, as other countries have brought in, Mohsin commented: “I think it would be a really bad thing not just for funders, but for the legal industry, and, frankly, the economy. The legal industry is one of the industries that’s actually still bringing in revenue to this country, and we need that right now.”