The Court of Appeal (CoA) judgment in Granville v Infineon [1]concerns the scope of the claimant’s duty of reasonable diligence in circumstances where facts of the harmful conduct were concealed from the claimant. The CoA dismissed the defendants’ appeal and confirmed that the High Court was correct to take into account the claimant’s insolvency in considering whether it could have discovered the facts of the cartel to enable it to plead a viable claim. Background The claims in question follow on from the European Commission’s Settlement Decision dated 19 May 2010 in respect of the DRAM memory chips cartel (the Decision). The claimants are companies within the Granville Technology Group, a British computer retailer and manufacturer, and were all in liquidation at the time of filing. The
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The UK Court of Appeal confirms the High Court’s decision taking into account the claimant’s insolvency in considering whether it could have discovered the facts of the cartel to enable it to plead a viable claim (Granville / Infineon)
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