Apple Retail UK Ltd & Ors v Qualcomm (UK) Ltd & Ors

Apple Retail UK Ltd & Ors v Qualcomm (UK) Ltd & Ors

The court admits Mr Roman's witness statement, finds Gateway 9 established, and assumes jurisdiction over the tort claim. Procedural objections do not justify exclusion of evidence; permission is granted for both red and green amendments to pleadings.

Source-derived case information.

Parties
Claimant: Apple Retail UK Limited and others; Defendant: Qualcomm (UK) Limited and others
Jurisdiction
England and Wales
Judgment Date
16 October 2018
Procedural Posture
Commercial Civil / Interlocutory Ruling on Jurisdiction and Amendment Applications
Outcome
Court assumes jurisdiction over the tort claim and grants permission to amend pleadings.
Legal Topics
Abuse of Dominant Position, Jurisdiction, Pleading Amendments, Procedural Default
Competition Law Civil Procedure Abuse of Dominant Position Jurisdiction Pleading Amendments Procedural Default

Source-derived case record

Summary, issues, holding and outcome

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Parties

Apple Retail UK Limited and others

Claimant

Qualcomm (UK) Limited and others

Defendant

Procedural Posture

Commercial Civil / Interlocutory Ruling on Jurisdiction and Amendment Applications

Legal Issues

  1. 1 Whether the court should assume jurisdiction over a tort claim against a US defendant under Gateway 9
  2. 2 Whether claimants established damage within the jurisdiction
  3. 3 Procedural propriety of admitting late evidence

Ratio Decidendi

The court admits Mr Roman's witness statement, finds Gateway 9 established, and assumes jurisdiction over the tort claim. Procedural objections do not justify exclusion of evidence; permission is granted for both red and green amendments to pleadings.

Court Disposition

Court assumes jurisdiction over the tort claim and grants permission to amend pleadings.

Orders

  • Mr Roman's witness statement admitted.
  • Permission granted for red and green amendments to particulars of claim.