Various Claimants v Mercedes-Benz Group AG & Ors

Various Claimants v Mercedes-Benz Group AG & Ors

The Mercedes Defendants provided sufficiently specific and credible evidence that the targeted technical information in the annexures to Document 1 and similar documents remains commercially sensitive, is not necessary for public understanding of the KBA Issues Trial or judgment, and its disclosure would cause real harm by advantaging competitors. The principle of open justice does not require disclosure of these details, and the balance favours granting collateral use protection under CPR 31.22(2), except for one part already made public in the judgment. Non-parties' applications for unredacted documents fail as access is not necessary to advance open justice and would risk public...

Parties
Claimant: Various Claimants; Defendant: Mercedes-Benz Group AG; Defendant: Mercedes-Benz AG; Defendant: Mercedes-Benz UK Limited (formerly Mercedes-Benz Cars UK Limited); Defendant: Mercedes-Benz Financial Services UK Limited; Defendant: Mercedes-Benz Retail Group UK Limited; Defendant: 43 Authorised Dealerships (as listed at Schedule 4 of the Group Litigation Order); Interested Party: Deutsche Umwelthilfe; Interested Party: ClientEarth
Jurisdiction
England and Wales
Judgment Date
12 November 2024
Procedural Posture
Group Litigation / Interlocutory Application Ruling
Outcome
Application granted in part
Legal Topics
Collateral Use of Disclosed Documents, Confidentiality in Litigation, Open Justice, Access to Court Documents, Trade Secrets
Civil Procedure Commercial Law Collateral Use of Disclosed Documents Confidentiality in Litigation Open Justice Access to Court Documents Trade Secrets

Case Brief

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Parties

Various Claimants

Claimant

Mercedes-Benz Group AG

Defendant

Mercedes-Benz AG

Defendant

Mercedes-Benz UK Limited (formerly Mercedes-Benz Cars UK Limited)

Defendant

Mercedes-Benz Financial Services UK Limited

Defendant

Mercedes-Benz Retail Group UK Limited

Defendant

43 Authorised Dealerships (as listed at Schedule 4 of the Group Litigation Order)

Defendant

Deutsche Umwelthilfe

Interested Party

ClientEarth

Interested Party

Procedural Posture

Group Litigation / Interlocutory Application Ruling

Legal Issues

  1. 1 Whether collateral use of certain disclosed documents should be restricted under CPR 31.22(2)
  2. 2 Whether non-parties should be granted access to unredacted documents under CPR 5.4C(2)

Ratio Decidendi

The Mercedes Defendants provided sufficiently specific and credible evidence that the targeted technical information in the annexures to Document 1 and similar documents remains commercially sensitive, is not necessary for public understanding of the KBA Issues Trial or judgment, and its disclosure would cause real harm by advantaging competitors. The principle of open justice does not require disclosure of these details, and the balance favours granting collateral use protection under CPR 31.22(2), except for one part already made public in the judgment. Non-parties' applications for unredacted documents fail as access is not necessary to advance open justice and would risk public...

Court Disposition

Application granted in part

Orders

  • Collateral use protection under CPR 31.22(2) is granted for the specified redacted parts of Document 1, except for the section already made public at page 111 (NOx Sensor 2 removal detection monitoring).
  • Equivalent collateral use protection is granted for Documents 2 and 3.