Crossley & Ors v Volkswagen Aktiengesellschaft & Ors [2019] EWHC 698 (QB) (06 March 2019)

Crossley & Ors v Volkswagen Aktiengesellschaft & Ors [2019] EWHC 698 (QB) (06 March 2019)

Issues 1 and 2 (binding effect of KBA decision and defeat device definition) are pure questions of law, suitable for preliminary determination. Facts are largely agreed or uncontroversial. Preliminary trial will streamline litigation, is fair, proportionate, and will not delay selection of test cases. Issue 3 (private law right) is not suitable for preliminary determination at this stage.

Citation
[2019] EWHC 698
Parties
Claimant: Anthony Joseph Champion Crossley & Others; Defendant: Volkswagen Aktiengesellschaft; Defendant: Audi Aktiengesellschaft; Defendant: Skoda Auto; Defendant: SEAT S. A; Defendant: Volkswagen Group United Kingdom Ltd; Defendant: Volkswagen Financial Services (UK) Ltd; Defendant: Inchcape Retail Ltd
Jurisdiction
England and Wales
Judgment Date
06 March 2019
Procedural Posture
Group Litigation Order (glo) / First Substantive Case Management Conference (cmc), Order for Preliminary Issues Trial
Outcome
Order for trial of preliminary issues on issues 1 and 2; issue 3 and alternative claims excluded from preliminary determination.
Legal Topics
Defeat Device Definition, Statutory Duty Breach, Deceit, Breach of Contract, Consumer Protection From Unfair Trading Regulations, Unfair Relationship Under Consumer Credit Act, Binding Effect of EU Authority Decisions
Commercial Law Consumer Protection Tort Law Contract Law EU Law Defeat Device Definition Statutory Duty Breach Deceit +4 more

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Parties

Anthony Joseph Champion Crossley & Others

Claimant

Volkswagen Aktiengesellschaft

Defendant

Audi Aktiengesellschaft

Defendant

Skoda Auto

Defendant

SEAT S. A

Defendant

Volkswagen Group United Kingdom Ltd

Defendant

Volkswagen Financial Services (UK) Ltd

Defendant

Inchcape Retail Ltd

Defendant

Procedural Posture

Group Litigation Order (glo) / First Substantive Case Management Conference (cmc), Order for Preliminary Issues Trial

Legal Issues

  1. 1 Is the High Court bound by the KBA's finding of defeat device?
  2. 2 Does the software constitute a defeat device under Article 3(10) of Regulation 715/2007/EC?
  3. 3 Does Regulation 715/2007/EC confer a private right of action for damages?

Ratio Decidendi

Issues 1 and 2 (binding effect of KBA decision and defeat device definition) are pure questions of law, suitable for preliminary determination. Facts are largely agreed or uncontroversial. Preliminary trial will streamline litigation, is fair, proportionate, and will not delay selection of test cases. Issue 3 (private law right) is not suitable for preliminary determination at this stage.

Court Disposition

Order for trial of preliminary issues on issues 1 and 2; issue 3 and alternative claims excluded from preliminary determination.

Orders

  • Trial of preliminary issues: (1) binding effect of KBA decision; (2) defeat device definition under Article 3(10) Regulation 715/2007/EC.
  • Selection of test cases to proceed in parallel.