Merricks Urges UK Court to Reject Innsworth’s Challenge Over £200M Mastercard Settlement Distribution
The class representative in the Merricks v Mastercard collective claim has urged a London court to reject litigation funder Innsworth Advisors' judicial review of the £200 million settlement distribution, in what observers describe as the first substantive test of a Competition Appeal Tribunal settlement decision.
As reported by Law360, Walter Merricks's legal team told the High Court on Wednesday that Innsworth has already received an adequate return from the CAT-approved settlement and that its challenge should be dismissed. Innsworth argued earlier in the week that the distribution scheme is "illogical" and "flawed," contending that the tribunal failed to properly assess the funder's recovery.
The CAT had divided the settlement into three pots. Pot 1, totalling £100 million, is ring-fenced for class members. Pot 2, approximately £45 million, covers Innsworth's litigation costs. Pot 3, approximately £55 million, allocates roughly £23 million to Innsworth as the profit element of its return, bringing its total recovery to around £68 million. Innsworth contends that this amounts to only a 0.5x return on more than £45 million invested, and disputes the methodology used to set the figure.
The case has drawn close attention from the UK funding sector. A judicial review of a CAT-sanctioned distribution could establish important parameters around how courts assess funder returns in collective proceedings, particularly at a moment when the tribunal has signaled heightened scrutiny of certification and take-up in entrepreneurial class actions.







