The Court of Appeal of England and Wales confirms that standard six years limitation period in tort or breach of statutory duty cases applies to competition cases (Arcadia / Visa)

English Court of Appeal limits retailers’ Visa MIF claim to standard six years, dismissing arguments that concealment meant that time had not yet begun to run. On 05 August 2015, three English Court of Appeal judges confirmed in Arcadia Group Brands Limited and others v Visa [2015] EWCA Civ 883 that competition cases were no different from other types of cases in terms of when time begins to run. The standard limitation period in tort or breach of statutory duty cases is six years from the point at which the claimant knows sufficient facts to plead a valid claim which will not be struck out for lack of some essential allegation (the statement of claim test). Section 32 of the Limitation Act 1980 contains an exception where any fact relevant to the claimant’s right of

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Peter Broadhurst, The Court of Appeal of England and Wales confirms that standard six years limitation period in tort or breach of statutory duty cases applies to competition cases (Arcadia / Visa), 5 August 2015, e-Competitions Bulletin Financial services, Art. N° 77138

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