Wragg & Ors v Opel Automobile GmbH & Ors [2024] EWHC 1909 (KB) (25 July 2024)

Wragg & Ors v Opel Automobile GmbH & Ors [2024] EWHC 1909 (KB) (25 July 2024)

All extension orders arising from applications after 10 November 2021, including the Omnibus Application, are set aside due to lack of good reason/exceptional circumstances and material non-disclosure; fresh evidence is inadmissible; costs awarded to German Defendants subject to reduction for partial success.

Citation
[2024] EWHC 1909 (KB)
Parties
Respondents/claimants: Ethan Thomas Wragg & Ors; Appellants/defendants: Opel Automobile GmbH; Appellants/defendants: Adam Opel GmbH; Appellants/defendants: Vauxhall Motors Limited; Appellants/defendants: IBC Vehicles Limited; Appellants/defendants: Stellantis Financial Services UK Limited; Appellants/defendants: Stellantis &You UK Limited; Appellants/defendants: Various Others (Alleged Authorised Dealers)
Jurisdiction
England and Wales
Judgment Date
25 July 2024
Procedural Posture
Appeal / Consequential Judgment Following Successful Appeal
Outcome
Appeal allowed; extension orders set aside; costs awarded to German Defendants with reduction for partial success.
Legal Topics
Extension of Time for Service, Defeat Devices in Vehicles, Full and Frank Disclosure, Costs Orders, Service Out of Jurisdiction
Civil Procedure Product Liability Extension of Time for Service Defeat Devices in Vehicles Full and Frank Disclosure Costs Orders Service Out of Jurisdiction

Case Brief

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Parties

Ethan Thomas Wragg & Ors

Respondents/claimants

Opel Automobile GmbH

Appellants/defendants

Adam Opel GmbH

Appellants/defendants

Vauxhall Motors Limited

Appellants/defendants

IBC Vehicles Limited

Appellants/defendants

Stellantis Financial Services UK Limited

Appellants/defendants

Stellantis &You UK Limited

Appellants/defendants

Various Others (Alleged Authorised Dealers)

Appellants/defendants

Procedural Posture

Appeal / Consequential Judgment Following Successful Appeal

Legal Issues

  1. 1 Whether extension orders for service out should be set aside
  2. 2 Admissibility of fresh evidence post-judgment
  3. 3 Appropriate costs orders following appeal

Ratio Decidendi

All extension orders arising from applications after 10 November 2021, including the Omnibus Application, are set aside due to lack of good reason/exceptional circumstances and material non-disclosure; fresh evidence is inadmissible; costs awarded to German Defendants subject to reduction for partial success.

Court Disposition

Appeal allowed; extension orders set aside; costs awarded to German Defendants with reduction for partial success.

Orders

  • Service of Claim Forms 1-23 and 26-27 set aside entirely.
  • Service of Claim Forms 24 and 25 set aside in relation to D2 but not D1.