OpenLegislation

Paragraph 20 Effect of disability on beginning of limitation period: England and Wales and Northern IrelandF1

(1)

This paragraph applies if the claimant in relation to a competition claim is under a disability on the day on which, but for this paragraph, the limitation period for the claim would begin.

(2)

In England and Wales and Northern Ireland, the limitation period for the claim begins with the earlier of—

(a)

the day on which the claimant ceases to be under a disability, and

(b)

the day on which the claimant dies.

(3)

Where—

(a)

the claimant has acquired the right to make the competition claim from another person (whether by operation of law or otherwise), and

(b)

but for this paragraph, the limitation period would begin on the day specified in paragraph 19(2),

the references to the claimant in sub-paragraphs (1) and (2) of this paragraph are to be read as references to the person by reference to whose knowledge that day would fall to be determined in accordance with paragraph 19(3).

(4)

In England and Wales, references in this paragraph to a person being “under a disability” have the same meaning as in the Limitation Act 1980 (see section 38(2) of that Act).

(5)

In Northern Ireland, references in this paragraph to a person being “under a disability” have the same meaning as in the Limitation (Northern Ireland) Order 1989 (S.I. 1989/1339 (N.I. 11)) (see article 47 of that Order).

Annotations

Textual amendments

F1

Sch. 8A inserted (9.3.2017) by The Claims in respect of Loss or Damage arising from Competition Infringements (Competition Act 1998 and Other Enactments (Amendment)) Regulations 2017 (S.I. 2017/385), reg. 1(2), Sch. 1 para. 4 (with Sch. 1 para. 5)

Notes on the whole Act

Textual amendments

F1

Words in long title substituted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), Sch. 1 para. 1

Notes on Schedule 8A

Textual amendments

F2

Words in Sch. 8A heading inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 3 para. 8(2); S.I. 2024/1226, regs. 1(2), 2(1)(9) (with Sch. para. 4, 20)