Jurisdiction(s):
United Kingdom

NOx group litigation: open justice limits collateral-use orders (CPR 31.22) and guidance on non-party funder disclosure for security for costs (CPR 25.14)—England and Wales

Published on: 02 April 2024

Published by a LexisNexis Dispute Resolution expert

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Article summary

Various Claimants v Mercedes-Benz Group AG and others [2024] EWHC 695 (KB)

What are the practical implications of this case?

This ruling provides direction on two comparatively uncommon applications arising within substantial group litigation concerning vehicle emissions claims pursued against the manufacturers. It confirms that, when addressing applications under CPR 31.22—seeking to curb collateral use of documents disclosed and deployed at hearings in open court—the starting point is the primacy of open justice. The court will require compelling, specific evidence to justify any curb on use, and, even then, will insist that any order is tightly confined to the particular documents for which restriction is genuinely warranted.

CPR 31.22: The prohibition on collateral use of disclosed material used in open court is exceptional; the court prioritises transparency and will only grant limits where clearly substantiated, and then only in a narrowly tailored way.
CPR 25.14: For requests seeking documents relevant to a prospective security for costs application against a non-party, the court held that whether a non-party has financed a claimant’s costs in exchange for a share of any recovery is determined by substance rather than form...

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