Court of Appeal hands down judgment in Viegas & Ors v Estate of Jose Luis Cutrale & Anor [2024] EWCA Civ 1122

Thomas Fletcher acted on behalf of the successful Defendants in these appeals concerning, among other things, principles of private international law in the context of administration of estates and succession (instructed by James Hennah and Tom Cassels of Linklaters and led by Brian Kennelly KC black and Paul Luckhurst of Blackstone Chambers).

The Defendants successfully argued that hundreds of claims should be struck out due to the failure on the part of the relevant Claimants to obtain grants of representation in England to bring claims in respect of losses suffered by deceased persons. The Court of Appeal’s judgment (given by Newey LJ) provides valuable guidance on the distinction between issues of administration and succession for private international law purposes and the corresponding requirement to obtain a grant in respect of persons who died domiciled outside England, including in a jurisdiction which adopts the principle of droit de saisine.

To read the judgment, please click here.