Tesco Stores Ltd and others v Mastercard Incorporated and others

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 of the 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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