Judge approves GLO to control mass Jaguar claims

Lawyers have told a court they estimate that as many as one million current and former Jaguar Land Rover owners could be eligible to join a newly-approved group litigation.

Senior Master Cook ruled in Alex Not & Ors v Jaguar Land Rover Limited & Ors this week that it was appropriate to make a GLO for the conduct of the litigation, which currently stands at 42,000 claims issued on behalf of 39,000 claimants.

The judge said it was likely that more claimants will join, given that the allegations involve a range of models acquired from 2014 onwards. ‘In the circumstances, establishment of a group register, the publicising of the GLO and a suitable cut-off date are all valuable case management features of a GLO which will further the overriding objective,’ said Cook.

The claimants bought or leased diesel Jaguar Land Rover vehicles which are alleged to suffer from faults including defective diesel particulate filters. The claims are distinct from those pursued against a number of the same defendants over emissions devices.

The particulate filter system is designed to capture and store diesel fuel and then burn it off, preventing the build-up of particulates which might affect performance.

The claimants allege that the systems did not function effectively and caused engine damage, higher fuel consumption and operational difficulties. In some cases, in certain circumstances, problems with the filter system can cause the engine management system to trigger ‘limp home mode’, which limits the speed of the vehicle to a crawling pace or shuts the engine down entirely.

Cook outlined how similar claims are being advanced already on behalf of claimants in the US and Australia. A procedural chronology was agreed between the parties, with six claims forms issued by London firm Millberg and one by national firm Leigh Day. Manchester-based Johnson Law Group, whose US sister firm has specialised in the legal mass-tort market, has also issued proceedings.

The judge said at least three more claimant firms are likely to bring claims which fall within the scope of the proposed GLO. It was ruled that a group litigation order would provide a suitable mechanism for the resolution of the Issues, including the level of damages, in an effective manner, and through the identification of lead cases.

The order should provide that a managing judge will be appointed in October 2025. Generic particulars of claims must be served by 28 February, defences must be served by 12 September and replies to these defences must be served by the end of November 2025.

The GLO continues a recent trend of the courts trying to manage mass claims often led and funded by specialists. Despite such case management, costs can escalate: for example legal costs in the mammoth ‘Pan-NOX’ group litigation over ‘Dieselgate’ are expected to total some £715m.