Pan NOx Emissions Litigations, Re

Pan NOx Emissions Litigations, Re

There is no real prospect of success on appeal because the decision was an evaluative, discretionary one, consistent with established authority, and no identifiable error or material misdirection was demonstrated.

Parties
Claimant: Pan NOx Emissions Litigations; Defendant: Unknown (Defendant)
Jurisdiction
England and Wales
Judgment Date
07 March 2024
Procedural Posture
Commercial Court Application / Ruling on Permission to Appeal
Outcome
Permission to appeal refused
Legal Topics
Permission to Appeal, Evaluative Decision, Foreign Law, French Blocking Statute
Civil Procedure Commercial Law Permission to Appeal Evaluative Decision Foreign Law French Blocking Statute

Case Brief

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Parties

Pan NOx Emissions Litigations

Claimant

Unknown (Defendant)

Defendant

Procedural Posture

Commercial Court Application / Ruling on Permission to Appeal

Legal Issues

  1. 1 Whether there is a real prospect of success on appeal against the court's decision
  2. 2 Whether the judge erred in the evaluative balancing exercise regarding real risk of prosecution under foreign law

Ratio Decidendi

There is no real prospect of success on appeal because the decision was an evaluative, discretionary one, consistent with established authority, and no identifiable error or material misdirection was demonstrated.

Court Disposition

Permission to appeal refused

Orders

  • Application for permission to appeal is refused