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26 July 2024
Issue: 8081 / Categories: Case law , In Court , Law digest
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Law digests: 26 July 2024

Competition

Walter Hugh Merricks CBE v Mastercard Inc and other companies [2024] EWCA Civ 759, [2024] All ER (D) 57 (Jul)

The Court of Appeal, Civil Division, dismissing the appeal, held that the Competition Appeal Tribunal, in follow-on claims for damages alleged to have arisen by infringement by Mastercard of Art 101 of the Treaty of the Functioning of the European Union, had been correct in determining issues of limitation, because, given the issue of restriction of competition had been decided by the European Commission and the instant proceedings were a follow-on claim by the class for aggregate damages, the issue of causation and quantum of loss were the most significant issues in the proceedings as they were constituted, and those issues were clearly most closely connected with the respective UK jurisdiction and it was substantially more appropriate for those issues in the proceedings to be determined by the law of England and Wales or Scotland respectively rather than by the law of the other EEA countries where the restriction on competition occurred.


European

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MOVERS & SHAKERS

Thackray Williams—Lucy Zhu

Thackray Williams—Lucy Zhu

Dual-qualified partner joins as head of commercial property department

Morgan Lewis—David A. McManus

Morgan Lewis—David A. McManus

Firm announces appointment of next chair

Burges Salmon—Rebecca Wilsker

Burges Salmon—Rebecca Wilsker

Director joins corporate team from the US

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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