OT Computers Ltd v Infineon Technologies Ag and Another: CA 14 Apr 2021

‘This appeal is concerned with the words ‘until the plaintiff has discovered the . . concealment . . or could with reasonable diligence have discovered it’ in section 32(1) of the Limitation Act 1980. Specifically, how does that section apply when the defendant deliberately conceals a relevant fact so that (1) it cannot reasonably be discovered by the claimant at the time of the concealment, (2) by the time it could be discovered by a person carrying on business of the relevant kind (here, the assembly and sale of computers), the claimant is in administration, and (3) the matters which would have put a person who continued to carry on such a business on notice of the need for further enquiry would not have come to the notice of a reasonably diligent insolvency practitioner?’

Lord Justice Males
[2021] EWCA Civ 501, [2021] 3 WLR 61, [2021] QB 1183
Limitation Act 1980 32(1)
England and Wales

Limitation, Insolvency

Updated: 21 December 2021; Ref: scu.661906