Legal News

Court of Appeal upholds strike out of competition law claims on limitation grounds (Arcadia v Visa)

Published on: 10 August 2015

Table of contents

  • Practical implications
  • Facts
  • Application of the 'statement of claim' test
  • EU arguments
  • New limitation point
  • Costs
  • Court details

Article summary

Dispute Resolution analysis: the Court of Appeal has upheld a decision to strike out part of a competition law claim, estimated at £500 million, on the grounds that it was time barred. The claimants’ assertion, in reliance on Section 32(1)(b) of the Limitation Act 1980, that the limitation period was suspended due to concealment of facts by the defendants was rejected on the basis that the claimants had sufficient information to be able to bring the claim, and that other facts which were not essential to the pleading of the claim, were not relevant for the purposes of the Limitation Act (ie the ‘statement of claim’ test).

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