Alex Not & Ors v Jaguar Land Rover Limited & Ors
[2024] EWHC 2920 (KB)
Mark Allsopp v Bayerische Motoren Werke Akteingesellschaft & Ors
2 November 2023
[2023] EWHC 2710 (KB)
High Court
Lots of people are suing BMW because they think BMW cheated on vehicle emissions tests. A judge agreed to let them all sue together, but made some changes to how the case will work to make it fair and efficient.
Key Facts
- •Application for a Group Litigation Order (GLO) concerning approximately 125,000 claims against BMW for alleged 'defeat devices' in diesel vehicles.
- •Claims allege breach of statutory duty, deceit, and breach of competition law.
- •The GLO involves 9 firms of solicitors representing around 168,000 claimants.
- •Disputed issues included the wording of Standard Minimum Requirements (SMR) for inclusion in the GLO, an unless order for serving Schedules of Information (SOI), Lead Solicitors' common costs, and inclusion of vehicle mileage in SOIs.
Legal Principles
Group Litigation Orders (GLOs) in the King's Bench Division require the consent of the President of the King's Bench Division.
CPR PD19B 3.5 and CPR 19.22(2)(d)
Applicable law in contract and tort claims often depends on the place of acquisition of the goods, potentially involving foreign law.
Article 6(1) of Rome I; FS Cairo (Nile Plaza) LLC v Lady Brownlie [2021] UKSC 45
Unless orders should only be made when consequences can be justified, not for 'good housekeeping purposes'.
Marcan Shipping (London) v Keflalas and anor [2007] EWCA Civ 436
Costs awarded must be proportionate to the matters in issue. Duplication of work would not be found to be proportionate.
CPR 44.3(2)
In GLOs, claimants must provide information necessary to formulate a complete cause of action; balancing identifying necessary information with keeping the process straightforward.
Alame & Others v Royal Dutch Shell & Others [2022] EWHC 989 (TCC); Varney v Ford [2013] EWHC 1226 (Ch)
Article 3(10) and Article 5(2) of the Emissions Regulation 715/2007 define and prohibit defeat devices.
Emissions Regulation 715/2007
Outcomes
GLO granted with modifications to SMR, no unless order for SOIs, no special order for Lead Solicitors' costs, and exclusion of vehicle mileage from SOIs.
Balancing the need for efficient case management with fairness to the parties; seeking consistency with the Mercedes GLO; considering practical implications and proportionality.
The Claimants' proposed wording for SMR relating to vehicle acquisition was accepted: "The relevant Subject Vehicle must have been acquired in the United Kingdom or Channel Islands"
This wording ensures consistency with the Mercedes GLO and minimizes exclusion of claims where foreign law application would be unlikely.
The Defendants' proposed unless order for non-compliant SOIs was rejected.
Insufficient evidence to justify the order; such orders should not be deployed for 'housekeeping purposes'.
The Defendants' proposal to treat the Lead Solicitors as a single firm for common cost assessment purposes was rejected.
Such an order would serve no useful purpose; costs issues can be resolved by a costs judge on detailed assessment.
The Defendants' request to include vehicle mileage in the SOIs was rejected.
Information deemed of limited value at this stage, given the primary measure of loss; access to mileage data from other sources; seeking consistency with the Mercedes GLO.