When is the deadline for preserved two-year limit for claims arising before 1 october 2015?
The catalogue records a 24 months period from The later of (a) the end of the period specified in Competition Act 1998 s.47A(7) or (8) as it stood before substitution, and (b) the date the cause of action accrued (2003 Rules, rule 31(2)). This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 24 months
- Trigger
- The later of (a) the end of the period specified in Competition Act 1998 s.47A(7) or (8) as it stood before substitution, and (b) the date the cause of action accrued (2003 Rules, rule 31(2))
- Counting
- The encoded calculator method must be independently documented before publication.
- Rollovers and holidays
- Holiday, closure and order treatment must be independently documented before publication.
This route remains in preparation until a pinpoint official source is recorded.
- Rule 31(3) of the 2003 Rules allowed the Tribunal to permit a claim to be made BEFORE the end of the period in rule 31(2)(a), after taking account of a proposed defendant's observations. That is a power to allow an early claim, not a power to forgive a late one. There is no extension power for the two years themselves.
- Preserved by CAT Rules 2015 rule 119(2): "Rule 31(1) to (3) of the 2003 Rules (time limit for making a claim) continues to apply in respect of a claim which falls within paragraph (3)". Rule 119(3) confines that to claims to which s.47A applies and which AROSE before 1 October 2015. This is the regime litigated in the Deutsche Bahn / Gemalto line of cases and it still bites on