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

Section 5 of the Limitation Act 1980 provides that an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.

IBM’s position is that most of the contractual breaches occurred after 21 September 2015, within the limitation period of six years. It concedes that insofar as the technical breaches against Winsopia pre-date 21 September 2015, that part of its claim is prima facie statute-barred under section 5 of the Limitation Act 1980.

Section 2 of the Limitation Act 1980 provides that an action founded on tort shall not be brought after the expiration of six years from the date on which the cause of action accrued.

Damage is a necessary element of both tortious claims, unlawful procurement of breach of contract and unlawful means conspiracy. It is submitted by IBM that it did not suffer actionable damage before January 2021, when Mr Wallin of IBM became aware that Winsopia was likely to be in breach of the ICA. Only after that date did IBM start to incur substantial management time and costs in exercising its audit rights and bringing proceedings.

The defendants’ position is that for the purpose of the alleged causes of action in unlawful procurement of breach of contract and unlawful means conspiracy, any damage, if any, was suffered no later than when the SDM began to be marketed in March 2016. The Original Claims in tort were brought within six years of this date but not the New Claims.