Q&As

Where a group litigation order has been made (in this case for the Volkswagen emissions litigation) can a potential claimant still bring their own separate claim or do they have to be part of the group litigation? If they have to join what is the deadline and process for doing so?

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Produced in partnership with David Willink of Lamb Chambers
Published on LexisPSL on 26/09/2018

The following Dispute Resolution Q&A produced in partnership with David Willink of Lamb Chambers provides comprehensive and up to date legal information covering:

  • Where a group litigation order has been made (in this case for the Volkswagen emissions litigation) can a potential claimant still bring their own separate claim or do they have to be part of the group litigation? If they have to join what is the deadline and process for doing so?

Where a group litigation order has been made (in this case for the Volkswagen emissions litigation) can a potential claimant still bring their own separate claim or do they have to be part of the group litigation? If they have to join what is the deadline and process for doing so?

Group Litigation Orders (GLOs) are a creation of the CPR; the relevant provisions are in Part III of CPR 19 and CPR PD 19B.

As far as the Volkswagen litigation is concerned, an internet search reveals that there is a deadline of 26 October 2018 to join the group register. Information on joining the group register can be obtained from either of the solicitors’ firms appointed as Lead Solicitors:

Slater and Gordon

50–52 Chancery Lane

London WC2A 1HL

emissions@slatergordon.co.uk

www.vwemissionsaction.com

Tel: 0800 049 7413

Leigh Day

Priory House

25 St John’s Lane

London EC1M 4LB

vwclaims@leighday.co.uk

https://www.leighday.co.uk/VWclaim

Tel: 0800 689 4049

A claimant may choose to start their own proceedings outside the group litigation. However, the court’s case management powers include an express power to order either that any such case, or any particular such case, be entered on the group register.

Equally, a claimant missing the deadline may apply to the court to be added to the group register. Any such application is governed by the Denton criteria (Denton v TH White

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