- Applied — Gemalto Holding BV & Ors. v Infineon Technologies AG & Ors. 2022-06-10
“…lacking a sufficient evidential basis (see the judgment at [50]). The statement of claim test was applied by the Court of Appeal inArcadia Group Brands v. Visa [2015] EWCA Civ 883 (Arcadia), DSG Retail v. Mastercard [2020] EWCA Civ 671 and by Foxton J in Granville Technology Group v. Infineon Technologies [2020] EWHC 415 (Comm) (Granvill…”
- Cited — OT Computers Ltd v Infineon Technologies Ag & Anor 2021-04-14
“…80 Act, it should be construed narrowly (see for example the judgment of Simon J in Arcadia Group Brands Ltd v Visa Inc, cited when the case reached this court [2015] EWCA Civ 883, [2015] Bus LR 1362 at [17]). However, that approach to the construction of the subsection as a whole was rejected in Canada Square Operations Ltd v Potter [20…”
- Cited — OT Computers Ltd v Infineon Technologies Ag & Anor 2021-04-14
“…[2015] EWCA Civ 883, [2015] Bus LR 1362). It is in accordance with the statutory purpose that there should be such a narrow interpretation: if the claimant can plead a claim witho…”
- Cited — Canada Square Operations Ltd v Potter 2021-03-11
“…f action. That expression has been narrowly interpreted to refer to a fact without which the cause of action is incomplete (Arcadia Group Brands Ltd v Visa Inc [2015] EWCA Civ 883, [2015] Bus LR 1362). It is in accordance with the statutory purpose that there should be such a narrow interpretation: if the claimant can plead a claim witho…”
- Cited — DSG Retail Ltd v Mastercard Incorporated & Ors 2020-05-22
“…ting to the “statement of claim” test enunciated at first instance and on appeal in Arcadia Group Brands Ltd v. Visa Inc [2014] EWHC 3561 (Comm) (Simon J), and [2015] EWCA Civ 883 (“Arcadia”). None of what was said in Arcadia is controversial on this appeal, though it may be noted at once, as the Tribunal pointed out at [73], that there …”