Flavio de Carvalho Pinto Viegas & Ors v The Estate of José Luis Cutrale & Anor

Flavio de Carvalho Pinto Viegas & Ors v The Estate of José Luis Cutrale & Anor

The court refused to disallow the amendments to add claimants on limitation grounds because the defendants' limitation defence was not prejudiced by relation back; claims brought by deceased persons are nullities and cannot be cured by substitution; English grants of representation are required for claims brought as representatives or by heirs prior to distribution; heirs have concurrent standing under Brazilian law but act for the benefit of the estate, not as absolute owners; assignments and powers of attorney by heirs are valid if formalities are met and all heirs consent.

Parties
Claimant/respondent: Mr Flavio de Carvalho Pinto Viegas and 1,516 others; Claimant/respondent: Mr José Antonio Ruiz Sanches and 30 others; Defendant/applicant: The Estate of Mr José Luis Cutrale (represented by Mrs Rosana Falcioni Cutrale); Defendant/applicant: Mr José Luis Cutrale (Jnr)
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Civil Commercial (competition/cartel) / Ruling on Strike Out and Amendment Applications (pre Trial Interlocutory)
Outcome
Defendants' applications largely dismissed; some claims struck out as nullities; amendments allowed; relief from sanctions refused.
Legal Topics
Amendment of Pleadings, Limitation of Actions, Standing of Claimants, Succession and Administration of Estates, Authority to Act/consent, Assignment of Claims
Civil Procedure Private International Law Succession Law Competition Law Amendment of Pleadings Limitation of Actions Standing of Claimants Succession and Administration of Estates +2 more

Case Brief

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Parties

Mr Flavio de Carvalho Pinto Viegas and 1,516 others

Claimant/respondent

Mr José Antonio Ruiz Sanches and 30 others

Claimant/respondent

The Estate of Mr José Luis Cutrale (represented by Mrs Rosana Falcioni Cutrale)

Defendant/applicant

Mr José Luis Cutrale (Jnr)

Defendant/applicant

Procedural Posture

Civil Commercial (competition/cartel) / Ruling on Strike Out and Amendment Applications (pre Trial Interlocutory)

Legal Issues

  1. 1 Whether amendments to add claimants should be disallowed for limitation under CPR 17.2(1)
  2. 2 Whether claims brought by deceased persons are nullities and can be cured by substitution
  3. 3 Whether English grants of representation are required for claims by representatives or heirs under Brazilian law

Ratio Decidendi

The court refused to disallow the amendments to add claimants on limitation grounds because the defendants' limitation defence was not prejudiced by relation back; claims brought by deceased persons are nullities and cannot be cured by substitution; English grants of representation are required for claims brought as representatives or by heirs prior to distribution; heirs have concurrent standing under Brazilian law but act for the benefit of the estate, not as absolute owners; assignments and powers of attorney by heirs are valid if formalities are met and all heirs consent.

Court Disposition

Defendants' applications largely dismissed; some claims struck out as nullities; amendments allowed; relief from sanctions refused.

Orders

  • Amendments to add claimants to the Viegas Claim on 22 November 2019 and 23 January 2020 are allowed; strike out application on limitation grounds refused.
  • Relief from sanctions for late application under CPR 17.2 refused.