Cavallari & Ors v Mercedes-Benz Group AG & Ors [2023] EWHC 3099 (KB) (01 December 2023)

Cavallari & Ors v Mercedes-Benz Group AG & Ors [2023] EWHC 3099 (KB) (01 December 2023)

Annexes and enclosures to Type Approvals and Voluntary Update Decisions are integral and must be disclosed under CPR 31.14. Early disclosure of specific, limited documents (such as KBA correspondence and grounds of appeal) is justified under CPR 31.12 due to their significance for case management and the need to address information asymmetry in group litigation. Overly broad or disproportionate requests are refused. Where Defendants agreed to provide documents, they are bound to do so. Where documents do not exist, a nil return is appropriate.

Citation
[2023] EWHC 3099 (KB)
Parties
Claimants: Aurora Cavallari and others; First Defendant: Mercedes-Benz Group AG; Second Defendant: Mercedes-Benz AG; Third Defendant: Mercedes-Benz UK Limited; Fourth Defendant: Mercedes-Benz Financial Services UK Limited; Fifth Defendant: Mercedes-Benz Retail Group UK Limited; Sixth Defendant: Authorised Dealerships (as listed in Schedule 4 to the GLO)
Jurisdiction
England and Wales
Judgment Date
01 December 2023
Procedural Posture
Group Litigation Order (glo) Civil / Case Management Hearing (progress Cmc) on Disclosure and Further Information Applications
Outcome
Applications granted in part and refused in part.
Legal Topics
Disclosure and Inspection of Documents, Group Litigation Procedure, Vehicle Emissions Regulation, Defeat Devices, Binding Effect of Foreign Regulatory Decisions, Case Management in Group Litigation
Civil Procedure Consumer Protection Competition Law Environmental Law Disclosure and Inspection of Documents Group Litigation Procedure Vehicle Emissions Regulation Defeat Devices +2 more

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Parties

Aurora Cavallari and others

Claimants

Mercedes-Benz Group AG

First Defendant

Mercedes-Benz AG

Second Defendant

Mercedes-Benz UK Limited

Third Defendant

Mercedes-Benz Financial Services UK Limited

Fourth Defendant

Mercedes-Benz Retail Group UK Limited

Fifth Defendant

Authorised Dealerships (as listed in Schedule 4 to the GLO)

Sixth Defendant

Procedural Posture

Group Litigation Order (glo) Civil / Case Management Hearing (progress Cmc) on Disclosure and Further Information Applications

Legal Issues

  1. 1 Whether annexes and enclosures to Type Approvals and Voluntary Update Decisions must be disclosed under CPR 31.14
  2. 2 Whether correspondence and documents referred to in pleadings or regulatory decisions must be disclosed
  3. 3 Whether early disclosure of specific documents is justified under CPR 31.12 in group litigation

Ratio Decidendi

Annexes and enclosures to Type Approvals and Voluntary Update Decisions are integral and must be disclosed under CPR 31.14. Early disclosure of specific, limited documents (such as KBA correspondence and grounds of appeal) is justified under CPR 31.12 due to their significance for case management and the need to address information asymmetry in group litigation. Overly broad or disproportionate requests are refused. Where Defendants agreed to provide documents, they are bound to do so. Where documents do not exist, a nil return is appropriate.

Court Disposition

Applications granted in part and refused in part.

Orders

  • Defendants to disclose annexes and enclosures to Type Approvals and Voluntary Update Decisions under CPR 31.14.
  • Defendants to provide two specific documents referred to in the KBA letter dated 5 July 2023.