Thomas John Joshua & Ors v Renault SA & Ors

Thomas John Joshua & Ors v Renault SA & Ors

There is no real risk of prosecution under the French Blocking Statute if the PCD and Renault Defendants comply with the English court's disclosure order. The SISSE's correspondence and prosecutor summonses do not alter this conclusion. Even if there were a real risk, the balance of fairness, comity, and the need for efficient litigation would favour direct disclosure, not the Hague Convention route. The application for appointment of a commissioner under the Hague Convention is therefore refused.

Parties
Claimant: Thomas John Joshua and Others; Claimant: Michael Lott and Others; Defendant: Renault S.A. and Others; Defendant: Stellantis Auto SAS and Others (including PCD Defendants)
Jurisdiction
England and Wales
Judgment Date
06 November 2024
Procedural Posture
Group Litigation (emissions/consumer Protection) / Interlocutory Application Regarding Disclosure Method and Risk of Foreign Prosecution
Outcome
Application for appointment of Hague Convention commissioner refused; direct disclosure ordered.
Legal Topics
Disclosure of Documents, International Judicial Cooperation, Foreign Blocking Statutes, Comity, Hague Convention, Risk of Foreign Prosecution
Civil Procedure Conflict of Laws Consumer Protection Criminal Law (foreign) Disclosure of Documents International Judicial Cooperation Foreign Blocking Statutes Comity +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 15 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Thomas John Joshua and Others

Claimant

Michael Lott and Others

Claimant

Renault S.A. and Others

Defendant

Stellantis Auto SAS and Others (including PCD Defendants)

Defendant

Procedural Posture

Group Litigation (emissions/consumer Protection) / Interlocutory Application Regarding Disclosure Method and Risk of Foreign Prosecution

Legal Issues

  1. 1 Does the French Blocking Statute (FBS) apply to disclosure ordered by the English court in this group litigation?
  2. 2 Is there a real risk of prosecution under the FBS if disclosure is made directly rather than via the Hague Convention?
  3. 3 Should the court order disclosure via a Hague Convention commissioner or permit direct disclosure?

Ratio Decidendi

There is no real risk of prosecution under the French Blocking Statute if the PCD and Renault Defendants comply with the English court's disclosure order. The SISSE's correspondence and prosecutor summonses do not alter this conclusion. Even if there were a real risk, the balance of fairness, comity, and the need for efficient litigation would favour direct disclosure, not the Hague Convention route. The application for appointment of a commissioner under the Hague Convention is therefore refused.

Court Disposition

Application for appointment of Hague Convention commissioner refused; direct disclosure ordered.

Orders

  • Defendants' applications for orders appointing a commissioner to process disclosure are rejected.
  • Declaration that there is no real risk of prosecution under the FBS in this case.