Viegas and others v Cutrale and another

The claims were brought by over 1,500 Brazilian orange farmers in September and November 2019, in respect of an alleged cartel in the market for the purchase of oranges for the production of orange juice in Brazil between 1999 and 2006.

The proceedings have generated several previous judgments including regarding jurisdiction ([2021] 2 CLC 834); a strike-out application premised on issues of Brazilian succession law (High Court: [2023] EWHC 1896 (Comm), Court of Appeal: [2025] 1 WLR 1467); and the Defendants’ successful application for the determination of limitation as a preliminary issue ([2024] EWHC 2609 (Comm)).

The latest judgment, delivered by HHJ Pelling on 8 December 2025, followed a five-day limitation preliminary issue trial. The Defendants succeeded on all of the issues before the Court, including the knowledge required by a claimant for the limitation period to start running (§§143-149); the meaning and effect of a decision by Brazil’s competition authority (CADE) in 2018, which the claimants alleged was the date from which limitation began to run (§§104-134, 150-159); and whether cartel conduct constitutes a continuing infringement (§§161-168).The decision also summarises the English law principles relevant to expert evidence on foreign law (from §§6-9).

The successful Defendants were represented at the limitation preliminary issue trial by Brian Kennelly KC, Paul Luckhurst, Gayatri Sarathy and Tom Watret, instructed by Linklaters. Sean Butler also represented the Defendants at an earlier stage in the proceedings.

The judgment can be found here.