Key Issue: Group Litigation Order (GLO) granted against BMW for alleged breach of statutory duty, deceit, and competition law violations due to the use of defeat devices in diesel vehicles.

Citation: [2023] EWHC 2710 (KB)
Judgment on

Introduction

This article provides an analysis of the key topics and legal principles applied in the case of Mark Allsopp v Bayerische Motoren Werke Akteingesellschaft & Ors. The case revolves around a Group Litigation Order (GLO) granted against BMW for alleged breach of statutory duty, deceit, and competition law violations due to the use of defeat devices in diesel vehicles.

Group Litigation Order (GLO)

The GLO is a key topic in this case. It was granted by the Senior Master with the consent of the President of the King’s Bench Division. The GLO was sanctioned after a thorough examination of the issues and the general context of the claims. This demonstrates the principle of judicial discretion in granting a GLO, which is typically used in cases where there are multiple claimants with common or related issues of fact or law.

Standard Minimum Requirements (SMR)

The case also involved a dispute over the wording of the SMR concerning the place of acquisition of a vehicle. The court ruled in favor of the claimants, deeming the defendants’ proposal unnecessary and objectionable on practical grounds. This illustrates the principle of interpretation of contractual terms, where the court seeks to give effect to the intention of the parties.

Information Disclosure

The judge ruled that the claimants should provide the information sought in the questionnaire, subject to the redaction of personal data. The defendants were entitled to rely on this information as the basis for their defense. This ruling underscores the principle of disclosure in civil litigation, where parties are required to disclose relevant documents to the other party.

Group Register

The document outlines the SMR for entry onto the Group Register in the BMW NOx Diesel Emissions Group Litigation. It sets out the procedures for objections to the Group Register, removal of claims from the Group Register, and discontinuation of claims. This highlights the procedural aspects of group litigation, including the management of claims and the rights of parties within the group.

Costs and Publicity

The document includes provisions for costs sharing and for costs on settlement or discontinuance, as well as guidelines for publicity. This reflects the principles of cost allocation in litigation and the management of publicity in group litigation.

The document includes a notice informing the Court and all parties that the Claimant(s) has/have changed their legal representative. This demonstrates the principle of representation in litigation, where parties have the right to be represented by a legal professional of their choice.

In conclusion, this case presents several key topics and legal principles related to group litigation, disclosure, interpretation of contractual terms, cost allocation, and representation in litigation. These principles were applied in the context of a GLO against BMW for alleged breach of statutory duty, deceit, and competition law violations.

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