Ideal Shopping Direct Ltd & Ors v Mastercard Incorporated & Ors [2022] EWCA Civ 14 (13 January 2022)

Ideal Shopping Direct Ltd & Ors v Mastercard Incorporated & Ors [2022] EWCA Civ 14 (13 January 2022)

Service of an unsealed amended claim form is not valid service under CPR and PD51O; only a sealed claim form is valid for service. CPR 3.10 does not permit rectification of this error as it cannot override specific rules on service. The undertaking given to Visa does not preclude issuing fresh proceedings unless the appellants act to seek a perceived advantage.

Citation
[2022] EWCA Civ 14
Parties
Appellants: Ideal Shopping Direct Limited and Others; Respondents: Mastercard Incorporated and Others; Respondents: Visa Europe Limited and Others
Jurisdiction
England and Wales
Judgment Date
13 January 2022
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed; cross-appeal dismissed.
Legal Topics
Service of Claim Forms, Electronic Filing, Multi Lateral Interchange Fees, Limitation Periods, Undertakings in Litigation
Civil Procedure Competition Law Service of Claim Forms Electronic Filing Multi Lateral Interchange Fees Limitation Periods Undertakings in Litigation

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Parties

Ideal Shopping Direct Limited and Others

Appellants

Mastercard Incorporated and Others

Respondents

Visa Europe Limited and Others

Respondents

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether service of an unsealed amended claim form constitutes valid service under CPR and PD51O
  2. 2 Whether CPR 3.10 allows rectification of failure to serve a sealed claim form
  3. 3 Interpretation of undertakings regarding issuing fresh proceedings after discontinuance

Ratio Decidendi

Service of an unsealed amended claim form is not valid service under CPR and PD51O; only a sealed claim form is valid for service. CPR 3.10 does not permit rectification of this error as it cannot override specific rules on service. The undertaking given to Visa does not preclude issuing fresh proceedings unless the appellants act to seek a perceived advantage.

Court Disposition

Appeal dismissed; cross-appeal dismissed.

Orders

  • Service of unsealed amended claim forms is not valid service.
  • No relief granted under CPR 3.10, 6.15, or 6.16.