Crossley & Ors v Volkswagen Aktiengesellschaft & Ors [2018] EWHC 1178 (QB) (28 March 2018)

Crossley & Ors v Volkswagen Aktiengesellschaft & Ors [2018] EWHC 1178 (QB) (28 March 2018)

The three main claimant firms, representing the majority of claimants, are best placed for the steering committee. E Rex Makin's small cohort and lack of support from other small firms do not justify inclusion. The draft GLO and schedule of information are adequate for claim management. Additional categories and court involvement in ATE insurance are unnecessary.

Citation
[2018] EWHC 1178
Parties
Claimant: Anthony Joseph Champion Crossley & Others; Defendant: Volkswagen Aktiengesellschaft; Defendant: Audi Aktiengesellschaft; Defendant: Skoda Auto; Defendant: SEAT S. A; Defendant: Volkswagen Group United Kingdom Ltd; Defendant: Volkswagen Financial Services (UK) Ltd; Defendant: Inchcape Retail Ltd; Applicant: E Rex Makin
Jurisdiction
England and Wales
Judgment Date
28 March 2018
Procedural Posture
Group Litigation Order (glo) Application / Preliminary Hearing on Steering Committee Composition
Outcome
Application by E Rex Makin for steering committee membership dismissed.
Legal Topics
Group Litigation Order, Steering Committee, Solicitor Representation, Case Management
Civil Procedure Group Litigation Order Steering Committee Solicitor Representation Case Management

Case Brief

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Parties

Anthony Joseph Champion Crossley & Others

Claimant

Volkswagen Aktiengesellschaft

Defendant

Audi Aktiengesellschaft

Defendant

Skoda Auto

Defendant

SEAT S. A

Defendant

Volkswagen Group United Kingdom Ltd

Defendant

Volkswagen Financial Services (UK) Ltd

Defendant

Inchcape Retail Ltd

Defendant

E Rex Makin

Applicant

Procedural Posture

Group Litigation Order (glo) Application / Preliminary Hearing on Steering Committee Composition

Legal Issues

  1. 1 Whether E Rex Makin should be included on the steering committee for the GLO
  2. 2 Adequacy of schedule of information for claim management
  3. 3 Necessity of additional categories for losses

Ratio Decidendi

The three main claimant firms, representing the majority of claimants, are best placed for the steering committee. E Rex Makin's small cohort and lack of support from other small firms do not justify inclusion. The draft GLO and schedule of information are adequate for claim management. Additional categories and court involvement in ATE insurance are unnecessary.

Court Disposition

Application by E Rex Makin for steering committee membership dismissed.

Orders

  • Steering committee to comprise Your Lawyers, Slater & Gordon, and Leigh Day.
  • Draft GLO and schedule of information approved as sufficient.