Pan-NOx Emissions Group Litigation (Funding Information and Disclosure Hearing 21 November 2025)

Pan-NOx Emissions Group Litigation (Funding Information and Disclosure Hearing 21 November 2025)

Costs relating to the adequacy of ATE insurance are recoverable as they arose directly from the defence to the funding information applications; the ordinary rule that costs follow the event applies, with deductions only where relative success warrants it.

Source-derived case information.

Parties
Applicant: Renault Applicants; Applicant: Jaguar Land Rover Applicants; Applicant: Volkswagen Applicants; Applicant: Mercedes Applicants; Applicant: Porsche Applicants; Applicant: Ford Applicants; Respondent: Respondent
Jurisdiction
England and Wales
Judgment Date
12 May 2025
Procedural Posture
Group Litigation / Post Substantive Hearing, Costs Determination
Outcome
Costs awarded to Applicants with deductions for relative success in specific instances.
Legal Topics
Security for Costs, Funding Information, ATE Insurance, Group Litigation Costs
Civil Procedure Costs Security for Costs Funding Information ATE Insurance Group Litigation Costs

Source-derived case record

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Parties

Renault Applicants

Applicant

Jaguar Land Rover Applicants

Applicant

Volkswagen Applicants

Applicant

Mercedes Applicants

Applicant

Porsche Applicants

Applicant

Ford Applicants

Applicant

Respondent

Respondent

Procedural Posture

Group Litigation / Post Substantive Hearing, Costs Determination

Legal Issues

  1. 1 Entitlement to costs following applications for funding information
  2. 2 Scope of costs relating to adequacy of ATE insurance
  3. 3 Relative success in applications for security for costs

Ratio Decidendi

Costs relating to the adequacy of ATE insurance are recoverable as they arose directly from the defence to the funding information applications; the ordinary rule that costs follow the event applies, with deductions only where relative success warrants it.

Court Disposition

Costs awarded to Applicants with deductions for relative success in specific instances.

Orders

  • JLG Applicants (excluding PCD and Vauxhall) to be paid 100% of reasonable costs up to but not including the Funding Information Hearing day, and 75% for attendance on the day.
  • PCD and Vauxhall JLG Applicants to be paid 80% of reasonable costs up to but not including the Funding Information Hearing day, and 60% for attendance on the day.