HT-2021-000363 - [2025] EWHC 532 (TCC)

Given my findings above, it is not necessary to determine the alternative case under section 32(2) of the Limitation Act 1980 but I deal with it briefly.

As set out above, under section 32(2), the limitation period is postponed where the defendant deliberately commits a breach of duty in circumstances where it is unlikely to be discovered for some time.

For the reasons set out above, I have found that Winsopia was in breach of the ICA; LzLabs and Mr Moores unlawfully procured those breaches of contract; and Winsopia, LzLabs and Mr Moores combined with each other to develop the SDM using unlawful means. The breaches of duty by each of Winsopia, LzLabs and Mr Moores were deliberate. The breaches were carried out behind closed doors, at Winsopia and LzLabs, in circumstances where they were unlikely to be discovered for some time.

Therefore, the alternative case of concealment based on section 32(2) is established.