Arkin v Borchard et al

Case no: 1997 Folio No. 956

Notified by: Fergus Randolph

Notifier's role in case: Counsel for Part 20 defendant in later stages of the case

Email address: randolph@brickcourt.co.uk

Court: Commercial Court

Judge: Colman J

Date of judgment: 11 November 1999

Counsel: Nicholas Green QC for claimant; Peter Irvin for first defendant; Hugh Mercer for second-fourth defendants

Solicitors: Singletons for claimant; Constant & Constant for first defendant; Davies Arnold Cooper for second-fourth defendants

Competition issue: Effect of limitation period on claim under Articles 81 and 82 EC

Result: Unlawful conduct under Articles 81/82 which represents a continuing/repeated breach of statutory duty will not be time barred if a limitation cut-off date occurs during the period of the breach.

Where case will be published: [2000] UKCLR 495

Contact for further information: Fergus Randolph

Back to: 2000