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Practice – Summary judgment. The claimants, well-known high street retailers, brought a claim against Visa Inc and others, seeking damages for alleged breaches of European and domestic competition law in relation to the defendants' imposition of multilateral interchange fees ('MIFs') in the course of operating the Visa payment-card system. The defendants applied for the claims to be struck out or for summary judgment on the ground that the claims were time barred under s 2 of the Limitation Act 1980. The issue was whether, as contended by the claimants, concealed facts had disabled the claimants from pleading the cause of action which the court was considering and that accordingly, s 32 of the Act extended the limitation period. The Commercial Court, in allowing the claims, held that the claimants had not identified any such facts and that the claim was appropriate for summary disposal.
Practice – Summary judgment. The claimants, well-known high street retailers, brought a claim against Visa Inc and others, seeking damages for alleged breaches of European and domestic competition law in relation to the defendants' imposition of multilateral interchange fees ('MIFs') in the course of operating the Visa payment-card system. The defendants applied for the claims to be struck out or for summary judgment on the ground that the claims were time barred under s 2 of the Limitation Act 1980. The issue was whether, as contended by the claimants, concealed facts had disabled the claimants from pleading the cause of action which the court was considering and that accordingly, s 32 of the Act extended the limitation period. The Commercial Court, in allowing the claims, held that the claimants had not identified any such facts and that the claim was appropriate for summary disposal.
Update from the Chair of the Bar
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