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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

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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