The WLR Daily case summaries
[2024] WLR(D) 420
Court of Appeal
Viegas and others v Cutrale (personal representative of the estate of Cutrale, decd) and another
Sanches and others v Cutrale (personal representative of the estate of Cutrale, decd) and another
[2024] EWCA Civ 1122
2024 July 3, 4, 8;
Oct 2
Oct 2
Newey, Lewis, Nugee LJJ
Conflict of laws— Jurisdiction— Pleadings— Claimant Brazilian orange farmers asserting anti-competitive practices by alleged cartel— Some deceased claimants being substituted by representatives— Judge striking out representative claims as nullities not capable of being revived by substitution— Some claimants listed as heirs due to automatic entitlement to deceased claimants’ estates under Brazilian law— Judge holding heirs claims lacking jurisdiction without grant of representation in English jurisdiction— Whether heirs required to obtain grants of representation— Whether judge correct to strike out claims of heirs for lack of jurisdiction—
CPR
r 17.1(1)
Practice— Pleadings— Amendment— Claimant Brazilian orange farmers asserting anti-competitive practices by alleged cartel— Some claims amended to include heirs of deceased claimants due to automatic entitlement to inherit estate under Brazilian law— Defendants applying for amendments to be disallowed for being time-barred or under doctrine of “relation back”— Judge refusing application— Whether prejudice to defendant required to be demonstrated— Whether sufficient prospect of prejudice in present case— Whether time period for applying to disallow applicable where jurisdiction still under challenge— Whether implied sanction attached to power of court to disallow amendments— Whether appropriate to grant extension of time to allow defendants to apply to disallow—
Limitation Act 1980 (c 58), s 35(1)(b)
—
CPR
r 17.2