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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

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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