News

08/02/2024

Six Group Litigation Orders Granted in Diesel NOx Emissions Litigation

News

Senior Master Cook has handed down judgment in Various Claimants v Nissan Motor Co Ltd & Ors [2024] EWHC 208 (KB).

The hearing concerned six outstanding Group Litigation Order applications in the diesel NOx Emissions Group Litigation. It followed the NOx Emissions Group Litigation hearing before the President of the King’s Bench Division, Mr Justice Constable, Mrs Justice Cockerill and Senior Master Cook in December 2023, at which directions were laid down to case manage the 13 different group litigations being collectively brought by over 1 million Claimants.

Senior Master Cook granted the six Group Litigation Orders sought by the parties, which concerned applications brought by over 480,000 Claimants. The terms of two orders were agreed both before and after the hearing on 17 – 18 January 2024. Disputed points relating to four applications were addressed in Senior Master Cook’s judgment.

These points included:

• Should it be a Standard Minimum Requirement of joining the Group Litigation Order that (i) adequate ATE is in place, or (ii) the Claimant has not commenced proceedings in any other jurisdiction in respect of the same vehicle.
• Should the Group Register include the date of acquisition of each vehicle in respect of which the claim is made?
• Should there be a Steering Committee in the Vauxhall litigation?
• What should the cut-off dates be in the Volvo litigation?

The Claimants were successful on all disputed points. The judgment may be useful for those considering similar points in group litigation.

Anna Dannreuther represented the Claimants at the 2-day hearing, led by Adam Kramer KC and with Joanna Buckley. She was instructed by Pogust Goodhead, Leigh Day, Milberg London LLP and Keller Postman UK Ltd. She addressed the Court on issues 16 (Steering Committee) and 23 (Notices of Change).

Please find the judgment here.