The Court of Appeal of England and Wales takes a strict approach to time limitation (Arcadia / Visa)

Arcadia v Visa revisited: the Court of Appeal takes a strict approach to limitation* Competition damages claims can be notoriously complex. According to the Court of Appeal, however, that is no reason to free them from the ordinary English rules of limitation – however strict those rules might be. Unlike the large majority of European limitation rules, where time starts running from the date of the victim’s knowledge, the English rule under the Limitation Act 1980 (“LA 1980”) is that time starts running from the moment the wrong is done, unless the victim can show that the wrong was concealed from him. The claimants in Arcadia Group Brands Ltd & Ors v Visa Inc & Ors [2015] EWCA Civ 883 argued that various relevant facts had been concealed. Ultimately, their difficulty was that

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  • Blackstone Chambers (London)

Quotation

Ravi S. Mehta, The Court of Appeal of England and Wales takes a strict approach to time limitation (Arcadia / Visa), 22 July 2015, e-Competitions Bulletin July 2015, Art. N° 75682

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