Aurora Cavallari & Ors. v Mercedes-Benz Group AG & Ors.

Aurora Cavallari & Ors. v Mercedes-Benz Group AG & Ors.

The court approved the making of a GLO for claims relating to alleged defeat devices in Mercedes-Benz vehicles, subject to the President's approval, and ruled on disputed terms: (1) the GLO will include claims where the relevant vehicle was acquired in the UK or Channel Islands; (2) claimants cannot be excluded for failing to agree on cost contributions with the Steering Committee, but the court may impose a 'pay as you go' order; (3) a presumptive costs order will apply to settling claimants, with common costs determined after trial of lead claims or GLO issues; (4) the SOCI will include certain disputed questions as ruled, with some answers allowed as 'not known' where appropriate, and...

Parties
Claimants: Aurora Cavallari and Others; Defendant: Mercedes-Benz Group AG; Defendant: Mercedes-Benz AG; Defendant: Mercedes-Benz Cars UK Limited; Defendant: Mercedes-Benz Financial Services UK Limited; Defendant: Mercedes-Benz Retail Group UK Limited; Defendant: Various Authorised Dealerships
Jurisdiction
England and Wales
Judgment Date
08 March 2023
Procedural Posture
Group Litigation Order Application / Ruling on Disputed Terms of GLO and Schedules of Core Information
Outcome
Application for GLO allowed, subject to the President's approval; disputed terms resolved as per judgment.
Legal Topics
Group Litigation Order (glo), Defeat Devices in Vehicles, Breach of Statutory Duty, Consumer Protection From Unfair Trading, Sale of Goods, Unfair Credit Relationships, Cost Sharing in Group Litigation, Schedules of Core Information (soci)
Civil Procedure Consumer Protection Competition Law Contract Law Group Litigation Order (glo) Defeat Devices in Vehicles Breach of Statutory Duty Consumer Protection From Unfair Trading +4 more

Case Brief

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Parties

Aurora Cavallari and Others

Claimants

Mercedes-Benz Group AG

Defendant

Mercedes-Benz AG

Defendant

Mercedes-Benz Cars UK Limited

Defendant

Mercedes-Benz Financial Services UK Limited

Defendant

Mercedes-Benz Retail Group UK Limited

Defendant

Various Authorised Dealerships

Defendant

Procedural Posture

Group Litigation Order Application / Ruling on Disputed Terms of GLO and Schedules of Core Information

Legal Issues

  1. 1 Whether to approve the making of a Group Litigation Order (GLO) and the terms thereof
  2. 2 Appropriate standard minimum requirements for entry onto the Group Register
  3. 3 Appropriate cost sharing provisions for claimants and the Steering Committee

Ratio Decidendi

The court approved the making of a GLO for claims relating to alleged defeat devices in Mercedes-Benz vehicles, subject to the President's approval, and ruled on disputed terms: (1) the GLO will include claims where the relevant vehicle was acquired in the UK or Channel Islands; (2) claimants cannot be excluded for failing to agree on cost contributions with the Steering Committee, but the court may impose a 'pay as you go' order; (3) a presumptive costs order will apply to settling claimants, with common costs determined after trial of lead claims or GLO issues; (4) the SOCI will include certain disputed questions as ruled, with some answers allowed as 'not known' where appropriate, and...

Court Disposition

Application for GLO allowed, subject to the President's approval; disputed terms resolved as per judgment.

Orders

  • GLO to be made with scope including vehicles acquired in the UK or Channel Islands.
  • No exclusion of claimants for failure to agree on cost contributions; court may impose 'pay as you go' order if necessary.