- Interlocutory costs orders in group litigation (Crossley v Volkswagen Aktiengesellschaft)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Dispute Resolution analysis: The judgment of the High Court in Crossley v Volkswagen Aktiengesellschaft is a costs decision in favour of the defendants made at an early stage of the group litigation arising from the Volkswagen emissions scandal. The defendants successfully applied for a costs order to compensate them for having been put to costs occasioned by the inadequate and premature prosecution of the application for a Group Litigation Order (GLO). The court’s view was that the application for a GLO had been premature and that prematurity had occasioned a considerable amount of wasted costs to be incurred by the defendants and took the case out of the norm for the purposes of indemnity costs. Written by Joshua Munro, counsel specialising in costs at Hailsham Chambers.
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