(1) De Carvalho Pinto Viegas (appellant) & orrs v Cutrale as Representative Of The Estate Of José Luis & Anr (respondents) (2) Ruiz Sanches and others (claimants/appellants) v Cutrale (Jnr) & anr (defendants/respondents) (3) Cutrale (represented by Mrs Rosana Falcioni Cutrale) and Mr Cutrale Jnr v De Carvalho Pinto Viegas & ors (4) Cutrale (represented by Mrs Rosana Falcioni and anr) Jnr v Sanches & ors
Wednesday 3 – Thursday 4 and Monday 8 July 2024
These linked appeals of the Order of Dame Clare Moulder (sitting as a High Court Judge) dated 29 September 2023. The Order was made in respect of two sets of related proceedings, the “Viegas Claim” and the “Sanches Claim”. By her order, dated 29 September 2023 the Judge stuck out claims brought in the name of persons who were deceased when claims were issued, including claims brought by heirs and representatives of deceased persons.
Background: The Claimants in both sets of proceedings are connected with orange farmers domiciled in Brazil. The proceedings relate to an alleged cartel between several Brazilian undertakings from 1999 to 2006. The Defendants were during this period directors and shareholders of Sucocítrico Cutrale Ltda, a company incorporated and domiciled in Brazil which produces orange juice and is one of the undertakings that is alleged to have participated in the cartel.
The Judge struck out claims originally brought in the names of deceased persons and by the heirs and representatives of deceased persons whilst ordering that the strike out would not affect claims brought by individuals in respect of losses suffered personally or where the entitlement to sue had been donated to them during the deceased’s lifetime.
View hearing:
Day 1
Day 2
Day 3