APPLICATIONS TO BE A REPRESENTATIVE PARTY IN GROUP PROCEEDINGS AND FOR PERMISSION TO BRING GROUP PROCEEDINGS BY LEE BRIDGEHOUSE AGAINST BAYERISCHE MOTOREN WERKE AKTIENGESELLSCHAFT [2024] ScotCS CSOH_2 (18 January 2024)

APPLICATIONS TO BE A REPRESENTATIVE PARTY IN GROUP PROCEEDINGS AND FOR PERMISSION TO BRING GROUP PROCEEDINGS BY LEE BRIDGEHOUSE AGAINST BAYERISCHE MOTOREN WERKE AKTIENGESELLSCHAFT [2024] ScotCS CSOH_2 (18 January 2024)

The applicant, Lee Bridgehouse, is a suitable person to be authorised as representative party in these group proceedings as he meets the statutory criteria, has adequate legal representation and funding, and there is no present evidence of conflict or incompetence. The opt-in nature of Scottish group procedure and the protections already in place make further requirements (such as an advisory council) unnecessary. Permission to bring group proceedings is granted as statutory criteria are met and group procedure is the most efficient means of litigating these claims.

Citation
[2024] ScotCS CSOH_2
Parties
Applicant/representative Party: Lee Bridgehouse; First Defender: Bayerische Motoren Werke Aktiengesellschaft; Second Defender: BMW M GmbH Gesellschaft fur Individuelle Automobile; Third Defender: BMW (UK) Limited; Fourth Defender: BMW Financial Services (GB) Limited; Fifth Defender: Alphabet GB Limited
Jurisdiction
Scotland
Judgment Date
18 January 2024
Procedural Posture
Application for Authorisation as Representative Party and Permission to Bring Group Proceedings / Preliminary/certification Stage Before Service of Summons
Outcome
Applications granted
Legal Topics
Group Proceedings, Representative Actions, Diesel Emissions, Certification of Representative Party, Funding of Litigation
Civil Procedure Consumer Protection Group Proceedings Representative Actions Diesel Emissions Certification of Representative Party Funding of Litigation

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Parties

Lee Bridgehouse

Applicant/representative Party

Bayerische Motoren Werke Aktiengesellschaft

First Defender

BMW M GmbH Gesellschaft fur Individuelle Automobile

Second Defender

BMW (UK) Limited

Third Defender

BMW Financial Services (GB) Limited

Fourth Defender

Alphabet GB Limited

Fifth Defender

Procedural Posture

Application for Authorisation as Representative Party and Permission to Bring Group Proceedings / Preliminary/certification Stage Before Service of Summons

Legal Issues

  1. 1 Whether the applicant is a suitable person to be authorised as representative party in group proceedings under the 2018 Act and Rules
  2. 2 Whether permission should be granted to bring group proceedings concerning BMW diesel emissions

Ratio Decidendi

The applicant, Lee Bridgehouse, is a suitable person to be authorised as representative party in these group proceedings as he meets the statutory criteria, has adequate legal representation and funding, and there is no present evidence of conflict or incompetence. The opt-in nature of Scottish group procedure and the protections already in place make further requirements (such as an advisory council) unnecessary. Permission to bring group proceedings is granted as statutory criteria are met and group procedure is the most efficient means of litigating these claims.

Court Disposition

Applications granted

Orders

  • Lee Bridgehouse authorised as representative party.
  • Permission granted to bring group proceedings concerning BMW diesel emissions.