The Weekly Law Reports
[2025] 1 WLR 1467
Court of Appeal
*Viegas and others v Cutrale and another
Sanches and others v Cutrale and another
[2024] EWCA Civ 1122
2024 July 3, 4, 8; Oct 2
Newey, Lewis, Nugee LJJ
Practice— Claim form— Amendment— Claim form amended by addition of new claimants— Defendant applying for amendment to be disallowed on limitation grounds— Whether defendant required to show prejudice caused by operation of relation back—
Limitation Act 1980 (c 58), s 35[1]
Practice— Claim form— Amendment— Claim form amended prior to service— Defendant applying for order disallowing amendments— Application made more than 14 days after service of amended claim form— Whether 14-day time limit for making disallowance application qualified where defendant disputing court’s jurisdiction— Whether relief from sanction required if application not complying with time limit—
CPR
r 17.2
[2]
Conflict of laws— Deceased person’s assets— Applicable law— Claimants seeking to bring claim as heirs of deceased persons in reliance on Brazilian law— Whether applicable law that of England and Wales or Brazil— Whether collection of deceased person’s assets to be characterised as involving administration of estates or succession