UK · EWHCCourt order
High Court spares 5,000 late-served Dieselgate claims but makes claimants share costs
Mr Justice Constable refused to strike out claims by about 5,000 Dieselgate claimants whose solicitors, Bingham Long, served the claim form after the cut-off in the Peugeot, Citroën and DS group litigation order. He gave them 21 days to serve particulars of claim and stayed the claims outside the group litigation, but ordered them to pay their share, nearly £1 million, of the adverse costs order that followed July's liability ruling.
Key points
- The claim form was validly issued but served after the GLO cut-off, though within the general four-month CPR deadline.Legal Futures
- Senior Master Cook ruled in June that the claimants could not join the Peugeot, Citroën and DS group action.Legal FuturesLegal Futures
- Constable J gave them 21 days to serve particulars, failing which the claims stand struck out, then stayed them generally.Legal Futures
- The judge said the claimants' own failures justified a further opportunity that was both short and final.Legal Futures
- They must bear their share, about £972,000, of the £23 million interim costs payment ordered after the liability trial.Legal Futures