AUTOMOTIVE CLASS ACTION LITIGATION
CD: Could you provide an overview of class action litigation involving the automotive sector over the past 12 to 18 months? What are some of the common themes that you are seeing?
Theuma: Since 2018, the landmark Volkswagen (VW) group litigation order (GLO) has generated a sharp rise in automotive group litigation. In particular, cases regarding diesel emissions have been driven by appetite from litigation funders. In the consumer space, recurring themes include defective components, concealed defects and hidden commissions. On the competition side, the UK Competition Appeal Tribunal (CAT) continues to see a steady flow of cases involving alleged cartel conduct and price-fixing arrangements. Recently, judgment in PSA v Autoliv ruled that the claimants failed to establish the existence of a cartel between suppliers of car safety components. We await judgment in McLaren v MOL despite prior settlements. While automotive litigation remains relatively new in the UK, courts and tribunals are firmly getting to grips with active case management in these large-scale actions. Meanwhile, a significant influx of claimant firms and increasing collaboration on the claimant side, both domestically and abroad, suggests continued momentum in this evolving area.
CD: Have any recent legal or regulatory developments affected automotive class actions?
Theuma: The High Court is actively case managing the automotive GLOs, exemplified by the Pan NOx litigation, which combines 13 GLOs and over 1 million claimants. Four lead GLOs have been selected to structure the litigation and address key preliminary issues, reflecting a very proactive approach.
Jul-Sep 2025 issue
Austen Hays