JOSEPH MACKAY AGAINST NISSAN MOTOR CO LTD AND OTHERS [2024] ScotCS CSOH_68 (05 July 2024)

JOSEPH MACKAY AGAINST NISSAN MOTOR CO LTD AND OTHERS [2024] ScotCS CSOH_68 (05 July 2024)

The court held that the statutory and rule-based criteria for group proceedings were met: the claims raised sufficiently related issues, reasonable efforts to notify potential group members were made, a prima facie case and real prospects of success were demonstrated, and group proceedings were more efficient than individual actions. The applicant, while lacking special expertise, was not shown to be unsuitable or conflicted, and funding arrangements via Quantum Claims were adequate for this stage. Permission for group proceedings and authorisation of the applicant as representative party were granted.

Citation
[2024] ScotCS CSOH_68
Parties
Applicant: Joseph Mackay; First Defender: Nissan Motor Co Ltd; Second Defender: Nissan Motor Manufacturing (UK) Limited; Third Defender: Nissan Motor Iberica SA; Fourth Defender: Nissan International SA; Fifth Defender: Nissan Motor (GB) Limited; Sixth Defender: Renault SA; Seventh Defender: Renault Flins; Eighth Defender: Renault SAS; Ninth Defender: Renault UK Limited; Tenth Defender: RCI Financial Services Limited
Jurisdiction
Scotland
Judgment Date
05 July 2024
Procedural Posture
Application for Permission to Bring Group Proceedings and for Authorisation as Representative Party / Permission and Authorisation Hearing
Outcome
Permission granted for group proceedings; applicant authorised as representative party.
Legal Topics
Group Proceedings, Representative Actions, Defeat Devices, Vehicle Emissions, Access to Justice
Civil Procedure Consumer Protection Environmental Law Group Proceedings Representative Actions Defeat Devices Vehicle Emissions Access to Justice

Case Brief

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Parties

Joseph Mackay

Applicant

Nissan Motor Co Ltd

First Defender

Nissan Motor Manufacturing (UK) Limited

Second Defender

Nissan Motor Iberica SA

Third Defender

Nissan International SA

Fourth Defender

Nissan Motor (GB) Limited

Fifth Defender

Renault SA

Sixth Defender

Renault Flins

Seventh Defender

Renault SAS

Eighth Defender

Renault UK Limited

Ninth Defender

RCI Financial Services Limited

Tenth Defender

Procedural Posture

Application for Permission to Bring Group Proceedings and for Authorisation as Representative Party / Permission and Authorisation Hearing

Legal Issues

  1. 1 Whether the claims raise common, similar, or related issues suitable for group proceedings
  2. 2 Whether the applicant made all reasonable efforts to identify and notify potential group members
  3. 3 Whether a prima facie case and real prospects of success are demonstrated

Ratio Decidendi

The court held that the statutory and rule-based criteria for group proceedings were met: the claims raised sufficiently related issues, reasonable efforts to notify potential group members were made, a prima facie case and real prospects of success were demonstrated, and group proceedings were more efficient than individual actions. The applicant, while lacking special expertise, was not shown to be unsuitable or conflicted, and funding arrangements via Quantum Claims were adequate for this stage. Permission for group proceedings and authorisation of the applicant as representative party were granted.

Court Disposition

Permission granted for group proceedings; applicant authorised as representative party.

Orders

  • Permission granted to bring group proceedings known as the Nissan/Renault Group NOx Emissions Group Proceedings.
  • Joseph Mackay authorised as representative party.