Thomas John Joshua & Ors v Renault SA & Ors
[2024] EWHC 1424 (KB)
Michael Lott & Ors v PSA Automobiles SA & Ors
16 October 2023
[2023] EWHC 2568 (KB)
High Court
Many people sued car makers for cheating on emissions tests. The judge said the car makers had to give some information to help the lawsuit move forward, but not everything the people asked for because that would be too much, too soon.
Key Facts
- •This case involves a group of claims against vehicle manufacturers (PSA Automobiles SA, Automobiles Peugeot SA, Automobiles Citroen, IBC Vehicles Limited, Peugeot Motor Company plc, Citroen UK Limited, Stellantis & You UK Limited, Stellantis Financial Services UK Limited, Banque PSA Finance, and various authorised dealers) concerning vehicle emissions.
- •The Claimants allege the vehicles contained 'defeat devices' prohibited under the Emissions Regulation 2007/715, specifically focusing on 'thermal windows'.
- •Approximately 37,000 Claimants have joined the action.
- •The French Defendants are domiciled in France and have not yet been served, but are considered to have submitted to the jurisdiction for this application.
- •The Claimants sought enforcement of a previous order for disclosure and further information under CPR rules 3, 18 and 31.12.
Legal Principles
Pre-Action Conduct and Protocols aim to facilitate understanding, settlement, and efficient management of proceedings.
White Book Vol. I at C1-002
Protocols are not rules, and compliance is not strictly obligatory, though non-compliance has consequences.
Smith v Secretary of State for Energy and Climate Change [2014] 1 WLR 2283
CPR Part 18 applications for further information require the information to relate to a matter in dispute and be reasonably necessary and proportionate.
Al Saud v Gibbs [2022] 1 WLR 3082
Specific disclosure applications before a Particulars of Claim are served are exceptional and require 'something important or significant'.
Balfour Beatty Regional Construction Ltd v Broadway Malyan Ltd [2022] EWHC 2022 (TCC)
The English court has jurisdiction to order document production, even if it might breach foreign criminal law, but will consider the risk of prosecution and comity.
Bank Mellat v HM Treasury [2019] EWCA Civ 449
The French Blocking Statute (FBS) prohibits the communication of certain information to foreign authorities, but international treaties or agreements can provide exceptions.
French Law No. 68-678
Outcomes
The Claimants' application for enforcement of the February 2022 order was dismissed.
The Defendants provided a letter of response and documents, fulfilling the order's requirements.
The Claimants' application under CPR rules 3, 18, and 31.12 was partially granted.
Information on whether specific model variants contained defeat devices and how they modulated emissions (Request 1e(i)) was ordered. Request 1e(ii) (justification under Article 5(2)) was refused as premature. Request 2 (criminal investigation documents) was refused due to French law and lack of specificity. Request 3 (recall documents) was granted subject to conditions.
The Defendants' application to rely on expert evidence of French law was refused.
The evidence was served too late, the issue was previously discussed, and the evidence was deemed unnecessary for the application's determination.