Hundreds of heirs of independent Brazilian orange farmers were unsuccessful in an appeal regarding a dispute over alleged anti-competitive practices, after a legal oversight involving grants of representation. The dispute centers on claims against the estate of José Luis Cutrale, known as Brazil's 'Orange King', accused of engaging in practices that stifled competition.
In a legal move, the defendants sought to dismiss claims from 639 heirs because they lacked the necessary grants of representation in the UK at the time of filing. The High Court, led by Dame Clare Moulder, ruled in favor of the defendants, stating that without these grants, the heirs' claims could not proceed in the UK jurisdiction.
The claimants' legal representation, led by Jeremy Evans from Pogust Goodhead, argued for an extension to secure the grants, detailing efforts to gather necessary documentation from Brazil and enlisting specialist probate lawyers in England to expedite the process. Despite these efforts, the Court of Appeal, with Lord Justice Newey presiding, dismissed the appeal, highlighting the claimants' failure to apply for grants on time.
Evans expressed gratitude towards the Court of Appeal for not dismissing additional claimants on limitation grounds but acknowledged the setback for those unable to secure grants before proceedings began. The implications of this decision, he noted, bear significant public importance, with further actions under consideration.
Source: Gazette