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Mr Justice Foxton has ordered the transfer of ValueLicensing’s claim against Microsoft Corp, Microsoft Limited and Microsoft Ireland Operations Limited from the Commercial Court to the Competition Appeal Tribunal (the “CAT”). The claim is now before the CAT.

In Microsoft Ireland Operations Ltd & Ors v JJH Enterprises Ltd (Re Electronic Filing of Appellant's Notice) [2022] EWCA Civ 1509 the Court of Appeal upheld a finding that an appellant's notice filed electronically after 4.30pm on the last date for appealing was served in time.

The Court of Appeal ruling by three Lord Justices in relation to E-Filing ruled that Microsoft did file on time its 6 June application for permission to appeal against the Commercial Court's rejection of its attempt to strike out ValueLicensing's claim. The Court of Appeal later rejected Microsoft's application for permission to appeal.

The Court of Appeal has ruled that #microsoft did file on time its 6 June application for permission to appeal against the Commercial Court's rejection of its attempt to strike out #ValueLicensing's claim. The decision does not impact the progress of the claim; that is because back in July the Court of Appeal refused Microsoft's application for permission. The matter is one of considerable interest to practitioners and now the Court of Appeal has provided clarity

Microsoft Corporation, Microsoft Limited and Microsoft Ireland Operations Limited have filed their Defence on 30 September 2022. Claim No. CL-2021-000208