||All England Reporter
|| All ER (D) 195 (Apr)
|| EWHC 1145 (Ch)
Mrs Justice Asplin DBE
||David Railton QC, Tim Ward QC and Rob Williams (instructed by Humphries Kerstetter) for the claimants.
||Mark Hoskins QC and Matthew Cook (instructed by Jones Day) for the MasterCard defendants.
||24 April 2015
Practice - Summary judgment - Entitlement to summary judgment - Claimants bringing claim against defendants seeking damages for alleged breaches of European and domestic competition law in respect of imposition of multilateral interchange fees - Defendants Defendants seeking strike out or summary judgment on basis of principle of ex turpi causa - Whether defendants entitled to strike out or to summary judgment.
Practice Summary judgment. The claimants, wholly owned subsidiaries of Tesco group, brought a claim against the defendants seeking damages for alleged breaches of European and domestic competition law in respect of imposition of multilateral interchange fees. The defendants applied for strike out or summary judgment on basis ofthe principle of ex turpi causa. The Chancery Division, in dismissing the application, held that the case was unsuited to be dealt with by way of strike out or summary judgment where it involved difficult questions of law and where the facts might determine how those legal issues presented themselves for determination.
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