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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 Union

Lipton and another v BA Cityflyer Ltd

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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