Crossley v Volkswagen Aktiengesellschaft & Ors [2018] EWHC 2308 (QB) (04 September 2018)

Crossley v Volkswagen Aktiengesellschaft & Ors [2018] EWHC 2308 (QB) (04 September 2018)

The GLO application was issued prematurely, without sufficient coordination among claimant groups and without resolving key disputes, notably the HS/YL dispute. This premature and uncoordinated approach led to unnecessary hearings and costs. The Relevant Claimants should bear the costs of and occasioned by the GLO...

Source-derived case information.

Citation
[2018] EWHC 2308
Parties
Claimant: Anthony Joseph Champion Crossley; Defendant: Volkswagen Aktiengesellschaft; Defendant: Audi Aktiengesellschaft; Defendant: Skoda Autos a.s; Defendant: SEAT S. A.; Defendant: Volkswagen Group United Kingdom Limited; Defendant: Volkswagen Financial Services (UK) Limited; Respondent: Inchcape Retail Limited; Respondent: Listers Group Limited
Jurisdiction
England and Wales
Judgment Date
04 September 2018
Procedural Posture
Group Litigation Order (glo) Application and Costs Determination / Post Hearing, Costs Order Determination
Outcome
Relevant Claimants ordered to pay the costs of and occasioned by the GLO application, adjournment application, and costs application, on the standard basis.
Legal Topics
Premature Issue of GLO Application, Costs Orders, Coordination Between Claimant Groups, Indemnity Costs, Practice Direction 19 B, Solicitor Conduct
Civil Procedure Group Litigation Costs Premature Issue of GLO Application Costs Orders Coordination Between Claimant Groups Indemnity Costs Practice Direction 19 B +1 more

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Summary, issues, holding and outcome

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Parties

Anthony Joseph Champion Crossley

Claimant

Volkswagen Aktiengesellschaft

Defendant

Audi Aktiengesellschaft

Defendant

Skoda Autos a.s

Defendant

SEAT S. A.

Defendant

Volkswagen Group United Kingdom Limited

Defendant

Volkswagen Financial Services (UK) Limited

Defendant

Inchcape Retail Limited

Respondent

Listers Group Limited

Respondent

Procedural Posture

Group Litigation Order (glo) Application and Costs Determination / Post Hearing, Costs Order Determination

Legal Issues

  1. 1 Whether the GLO application was issued prematurely
  2. 2 Whether the Relevant Claimants failed to coordinate adequately with other claimant groups
  3. 3 Whether the Relevant Claimants should pay the costs of the GLO application and related hearings

Ratio Decidendi

The GLO application was issued prematurely, without sufficient coordination among claimant groups and without resolving key disputes, notably the HS/YL dispute. This premature and uncoordinated approach led to unnecessary hearings and costs. The Relevant Claimants should bear the costs of and occasioned by the GLO application, the adjournment application, and the costs application, as specified in the draft orders. However, the conduct, while unreasonable, did not reach the threshold for indemnity costs; costs are to be awarded on the standard basis.

Court Disposition

Relevant Claimants ordered to pay the costs of and occasioned by the GLO application, adjournment application, and costs application, on the standard basis.

Orders

  • Relevant Claimants to pay the VW Defendants' and Dealer Respondents' costs of and occasioned by the GLO application, adjournment application, and costs application, limited to the specified hearings and related correspondence, on the standard basis.
  • Payment on account of costs ordered, subject to detailed assessment.