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Court of Appeal considers strike out appeals in respect of Brazilian orange farmers

14/10/2024

On 2 October 2024, the Court of Appeal handed down judgment in Viegas and Sanches v Cutrale & Ors [2024] EWCA Civ 1122 following a three day hearing on 3, 4 and 8 July 2024.

Juliet Wells and Anisa Kassamali were led by Alain Choo Choy KC of One Essex Court, and instructed by Pogust Goodhead. They act for 1,500 Brazilian orange farmers in a competition damages claim arising out of alleged breaches of Brazilian antitrust law.

The defendants sought to strike out the vast majority of the claims on various disparate grounds. Those applications were heard by Moulder DBE in 2023 ([2023] EWHC 1896 (Comm) and [2023] EWHC 2329 (Comm)).

The Court of Appeal was asked to consider appeals from both the claimants and defendants on various grounds. The judgment can be found here.

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