Amarin Corp Plc (AMRN)

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Marjac

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The 3 time points fell within the 12 month limitation period and Epadi brought its action immediately it was able and within that limitation period

“Allowing Epadi to intervene after this case has concluded in this Court for the sole purpose of vacating its judgement would substantially prejudice the defendants as it would nullify the years of work they put into ultimates prevailing in this case “

This was the DC court finding. But this finding as to prejudice flies in the face as to the whole purpose behind Rule 60 applications- and in this case by denying standing ,by virtue of defendants prejudice, the Court has effectively rewarded the devious and dishonest “work” of the defendants (ie the manner in which they presented evidence through their expert and the cropping of the simply crucial table )
The defendants not through years of honest hard work but through dishonesty and an outright fraud on the Court “ ultimately prevailed in this case”
Dishonesty and fraud before a Court can not be ignored and swept aside simply because the dishonest party would loose his ill gotten gains (prejudice)
Before finding prejudice in cases such as this where a serious and immensely financially damaging (7billion in lost shareholder value) has been asserted must vigorously examine the nature of and supporting evidence behind the Rule 60 application to assess their substance and merit to enable it to properly assess the issue of prejudice as to standing . The DC failed to do this
The security blanket behind Rule 60 applications and their purpose was simply thrown away

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