APPLICATION TO BE A REPRESENTATIVE PARTY IN GROUP PROCEEDINGS BY LEE BRIDGEHOUSE AGAINST BAYERISCHE MOTOREN WERKE AKTIENESELLSCHAFT AND OTHERS [2024] ScotCS CSOH_16 (08 February 2024)

APPLICATION TO BE A REPRESENTATIVE PARTY IN GROUP PROCEEDINGS BY LEE BRIDGEHOUSE AGAINST BAYERISCHE MOTOREN WERKE AKTIENESELLSCHAFT AND OTHERS [2024] ScotCS CSOH_16 (08 February 2024)

The benefit of obtaining Inner House guidance does not further the just and effective disposal of the case at hand. Delay would result, and the interests of both parties are best served by expeditious resolution of substantive issues. The balance of interests lies against allowing leave to reclaim.

Citation
[2024] ScotCS CSOH_16
Parties
Applicant: Lee Bridgehouse; Defender: Bayerische Motoren Werke Aktiengesellschaft; Defender: BMW M GmbH Gesellschaft fur Individuelle Automobile; Defender: BMW (UK) Limited; Defender: BMW Financial Services (GB) Limited; Defender: Alphabet GB Limited
Jurisdiction
Scotland
Judgment Date
08 February 2024
Procedural Posture
Application to Be a Representative Party in Group Proceedings / Motion for Leave to Reclaim (appeal) Against Authorisation of Representative Party
Outcome
Defenders' motion for leave to reclaim refused.
Legal Topics
Group Proceedings, Representative Actions, Leave to Appeal, Class Actions
Civil Procedure Group Proceedings Representative Actions Leave to Appeal Class Actions

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Parties

Lee Bridgehouse

Applicant

Bayerische Motoren Werke Aktiengesellschaft

Defender

BMW M GmbH Gesellschaft fur Individuelle Automobile

Defender

BMW (UK) Limited

Defender

BMW Financial Services (GB) Limited

Defender

Alphabet GB Limited

Defender

Procedural Posture

Application to Be a Representative Party in Group Proceedings / Motion for Leave to Reclaim (appeal) Against Authorisation of Representative Party

Legal Issues

  1. 1 Whether leave to reclaim (appeal) should be granted against the authorisation of a representative party in group proceedings

Ratio Decidendi

The benefit of obtaining Inner House guidance does not further the just and effective disposal of the case at hand. Delay would result, and the interests of both parties are best served by expeditious resolution of substantive issues. The balance of interests lies against allowing leave to reclaim.

Court Disposition

Defenders' motion for leave to reclaim refused.

Orders

  • Leave to reclaim (appeal) against authorisation of representative party refused.