Arcadia Group Brands Ltd & Ors v Visa Inc & Ors

Arcadia Group Brands Ltd & Ors v Visa Inc & Ors

Facts sufficient to plead a prima facie case were available to claimants before limitation dates; section 32(1)(b) does not suspend limitation as no essential facts were concealed; claims for breaches prior to limitation dates are time-barred.

Parties
Claimant: Arcadia Group Brands Limited and others; Claimant: Asda Stores Limited; Claimant: B&Q Plc; Claimant: Comet Group Limited (in liquidation); Claimant: Debenhams Retail Plc and others; Claimant: House of Fraser (Stores) Limited; Claimant: Iceland Foods Limited; Claimant: New Look Retailers Limited; Claimant: Next Retail Limited; Claimant: Record 2 Shop Limited (in liquidation); Claimant: WM Morrison Supermarkets Plc; Claimant: Argos Limited and others; Defendant: Visa Inc; Defendant: Visa International Service Association; Defendant: Visa Europe Limited; Defendant: Visa Europe Services Inc; Defendant: Visa UK Limited
Jurisdiction
England and Wales
Judgment Date
30 October 2014
Procedural Posture
Commercial Claim / Application for Strike Out and Summary Judgment
Outcome
application granted
Legal Topics
Limitation Period, Breach of Statutory Duty, Multilateral Interchange Fees, Summary Judgment, Strike Out, Concealment, Damages
Competition Law Commercial Law Limitation Period Breach of Statutory Duty Multilateral Interchange Fees Summary Judgment Strike Out Concealment +1 more

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Parties

Arcadia Group Brands Limited and others

Claimant

Asda Stores Limited

Claimant

B&Q Plc

Claimant

Comet Group Limited (in liquidation)

Claimant

Debenhams Retail Plc and others

Claimant

House of Fraser (Stores) Limited

Claimant

Iceland Foods Limited

Claimant

New Look Retailers Limited

Claimant

Next Retail Limited

Claimant

Record 2 Shop Limited (in liquidation)

Claimant

WM Morrison Supermarkets Plc

Claimant

Argos Limited and others

Claimant

Visa Inc

Defendant

Visa International Service Association

Defendant

Visa Europe Limited

Defendant

Visa Europe Services Inc

Defendant

Visa UK Limited

Defendant

Procedural Posture

Commercial Claim / Application for Strike Out and Summary Judgment

Legal Issues

  1. 1 Whether claims for breaches of competition law prior to limitation dates are time-barred
  2. 2 Whether section 32(1)(b) of the Limitation Act 1980 postpones limitation due to deliberate concealment
  3. 3 Whether claimants had sufficient knowledge to plead a prima facie case before limitation dates

Ratio Decidendi

Facts sufficient to plead a prima facie case were available to claimants before limitation dates; section 32(1)(b) does not suspend limitation as no essential facts were concealed; claims for breaches prior to limitation dates are time-barred.

Court Disposition

application granted

Orders

  • Claims relating to breaches of competition law prior to limitation dates are struck out as time-barred.
  • Summary judgment entered for defendants on limitation issue.