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Muller(1) exception to the without prejudice rule. In Berkeley Square Holdings Limited v Lancer Property Asset Management Limited,(2) the court indicated that recent first-instance decisions have strayed beyond the facts in Muller, a development that might widen the scope of the exception unjustifiably. Without prejudice rule The without prejudice rule protects statements made in the context of a without prejudice discussion or negotiation from being relied upon in later legal proceedings. The principle facilitates the settlement of disputes by encouraging the parties to speak freely and frankly without fear that statements made in the course of a without prejudice situation might later be used against them. The rule is grounded in public policy and the protection that it offers is not easily overridden. ....
Premier League given more time to respond to Newcastle claim regarding takeover yahoo.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from yahoo.com Daily Mail and Mail on Sunday newspapers.
The low down Debates concerning the role and procedures of the Competition Appeal Tribunal mirror the UK’s dilemma post-Brexit. Are its excellence, diligence and the quality of its judgments part of Britain’s ‘soft power’ in the world, giving business the confidence in this jurisdiction? Or is the tribunal a brake on the laissez-faire economics that the pro-Leave camp expect to energise ‘Britain in the World’? Certainly, competition law specialists like and respect the CAT, and believe the broad alignment of its principles with EU law smooth the transition to a post-Brexit economy. But influential Conservative voices are among its critics, and with its caseload expected to increase by 40-50%, stretched resources could affect its performance. ....
In a decision reached reached this week, the antitrust court found that Apple s UK arm was not responsible for deciding which apps may or may not be supplied through the App Store, so a case against the company could not continue. In my view, that is a significant factor in favour of the US as the appropriate forum, Justice Peter Roth said in his decision. It is clear from even a cursory reading of the judgment of 9 October 2020, and hardly surprising, that many of the same issues of substance which arise under UK competition law arise under US antitrust law. ....
The U.K. court ruled that portions of Epic s suit against Google subsidiaries in the U.K. could move forward. But, in general, ruled that most of both cases should reside in the U.S. While there may be acts in the UK, they flow directly from acts in the U.S. since in a digital world the territorial location of the act is a somewhat anachronistic concept, Roth wrote in his ruling. Epic Games, in its complaint to the European Commission s competition watchdog, accused Apple of blocking competitors and abusing its dominant position, in breach of EU rules. What s at stake here is the very future of mobile platforms, Epic Games CEO Tim Sweeney said in an online post. We will not stand idly by and allow Apple to use its platform dominance to control what should be a level digital playing field. ....