Steven Blair Milligan against Jaguar Land Rover Automotive Plc (Court of Session) [2024] CSOH 96 (29 October 2024)

Steven Blair Milligan against Jaguar Land Rover Automotive Plc (Court of Session) [2024] CSOH 96 (29 October 2024)

The applicant is a suitable representative party, meeting all requirements under Rule 26A.7, including independence, fairness, and financial resources. The group claims raise common issues suitable for group proceedings, a prima facie case is established, group proceedings are more efficient than individual claims, and the claims have real prospects of success. Permission is granted for group proceedings and for the applicant to act as representative party.

Citation
[2024] CSOH 96
Parties
Applicant: Steven Blair Milligan; First Defender: Jaguar Land Rover Automotive Plc; Second Defender: Jaguar Land Rover Limited; Third Defender: CA Auto Finance UK Limited; Fourth Defender: Black Horse Limited; Fifth Defender: Lex Autolease Limited
Jurisdiction
Scotland
Judgment Date
29 October 2024
Procedural Posture
Group Proceedings Application / Permission and Representative Party Appointment
Outcome
Permission granted for group proceedings; applicant authorised as representative party.
Legal Topics
Group Proceedings, Representative Party, Nox Emissions, Vehicle Emissions Litigation
Civil Procedure Consumer Protection Group Proceedings Representative Party Nox Emissions Vehicle Emissions Litigation

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Parties

Steven Blair Milligan

Applicant

Jaguar Land Rover Automotive Plc

First Defender

Jaguar Land Rover Limited

Second Defender

CA Auto Finance UK Limited

Third Defender

Black Horse Limited

Fourth Defender

Lex Autolease Limited

Fifth Defender

Procedural Posture

Group Proceedings Application / Permission and Representative Party Appointment

Legal Issues

  1. 1 Whether the applicant is a suitable representative party under Rule 26A.7
  2. 2 Whether permission should be granted to bring group proceedings under section 20 of the Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018 and Rule 26A.11

Ratio Decidendi

The applicant is a suitable representative party, meeting all requirements under Rule 26A.7, including independence, fairness, and financial resources. The group claims raise common issues suitable for group proceedings, a prima facie case is established, group proceedings are more efficient than individual claims, and the claims have real prospects of success. Permission is granted for group proceedings and for the applicant to act as representative party.

Court Disposition

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

Orders

  • Applicant authorised as representative party in GP2/24.
  • Permission granted to bring group proceedings in GP3/24.