Amarin Corp Plc (AMRN)

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Marjac

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As to a consideration of Rule 24 and Rule 60 motions together the DC should rightly consider that any baseless and frivolous applications under Rule 60 could create prejudice to a defendant as to costs in contesting such litigation . It would be right for the DC to examine the Rule 60 application and the evidence relied upon to support such a motion and also the response of the defendant as to the Rule 60 application as to factual challenge.
In this case the defendants in the DC most notably failed to challenge any element of detail as to fact in the applicants case.The DC however undertook no initial assessment as to the applicants Rule 60 case to determine whether it was baseless or frivolous or indeed whether on the face of the case and its supporting evidence it might have merit. Instead the DC simply concluded that to allow the Rule 24 application would in effect economically prejudice the defendants irrespective of the possible or actual merits of the applicants case

Alm

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