Viegas v Cutrale

Subject Matter

PRACTICE — Pleadings — Strike out

[2023] EWHC 1896 (Comm), KBD

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)

[2024] EWCA Civ 1122; [2025] 1 WLR 1467; [2024] WLR(D) 420, CA

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

[2024] EWCA Civ 1122; [2025] 1 WLR 1467; [2024] WLR(D) 420, CA

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

[2024] EWCA Civ 1122; [2025] 1 WLR 1467; [2024] WLR(D) 420, CA

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

[2024] EWCA Civ 1122; [2025] 1 WLR 1467; [2024] WLR(D) 420, CA

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

[2024] EWCA Civ 1122; [2025] 1 WLR 1467; [2024] WLR(D) 420, CA

Appellate History