Milberg and Leigh Day Secure Group Litigation Order Against Jaguar Land Rover Over Defective Diesel Filters Affecting 39,000 Vehicles.
Two leading class action law firms, Milberg and Leigh Day, have obtained a Group Litigation Order (GLO) to launch a new legal challenge against Jaguar Land Rover (JLR), addressing issues beyond emissions defeat devices.
The firms have registered 39,000 claimants who own potentially defective diesel JLR vehicles, with estimates indicating that over a million drivers could ultimately be impacted.
In issuing the GLO, Senior Master Cook emphasized that these claims are “distinct and separate” from the existing NOx emissions defeat devices litigation against JLR, which is already represented by Leigh Day and Pogust Goodhead as the lead solicitors.
The current allegation pertains to the filters installed in diesel JLR vehicles, designed to capture and mitigate harmful particulate matter (referred to as DPFs), which are claimed to be defective both at present and in the past.
As a consequence, it is asserted that the vehicles have faced the potential for significant engine damage, heightened oil dilution, increased fuel consumption, and accelerated engine wear, along with shortened service intervals and various operational challenges.
In specific situations, it is reported that issues with the DPF system may lead the engine management system to activate 'limp home mode', which restricts the vehicle's speed to a very slow pace or completely shuts down the engine.
Master Cook indicated that both Milberg and Leigh Day were preparing to file additional claims and were in discussions with other firms that planned to initiate legal proceedings.
The two firms also mentioned that they were reaching out to Johnson Law Group – the UK branch of the US class action law firm based in Manchester – which has already commenced legal action.
The defendants include JLR, authorized dealerships, and leasing companies, all of whom consented to the establishment of the Group Litigation Order (GLO).
While this was “not determinative of the issue,” Master Cook stated that he had determined a GLO was warranted.
“Firstly, approximately 42,000 claims have been issued on behalf of approximately 39,000 claimants. I am satisfied that it is likely that more claimants will join the litigation, not least given that the subject vehicles involve a range of models which were acquired from 2014 onwards and remain in market circulation,” he explained.
“Indeed, the parties estimate that over a million current and former owners of subject vehicles might be eligible to join the litigation.
“In the circumstances, establishment of a group register, the publicising of the GLO and a suitable cut-off date are therefore all valuable case management features of a GLO which will further the overriding objective.”
Given the likelihood that other law firms will initiate claims that fall under the purview of the Group Litigation Order (GLO), the case management strategy of designating lead solicitors and forming a claimant steering committee, along with a group of claimant solicitors, would thus serve as an efficient and cost-effective approach to oversee any additional claims brought forth by these firms.
Moreover, a GLO would establish an appropriate framework for addressing the overarching issues, such as the determination of damages, in a manner that is both effective and streamlined.
Master Cook also highlighted that similar claims in the United States and Australia are being handled in a comparable manner. Additionally, he confirmed that Dame Victoria Sharp, the president of the King’s Bench Division, had approved the issuance of the GLO order.
The defendants are represented by CMS Cameron McKenna Nabarro Olswang and Linklaters.
Milberg is a prominent American law firm known for its expertise in class action, securities, antitrust, and consumer protection litigation. With a history spanning over 50 years, Milberg has earned a reputation for advocating on behalf of individuals and groups in complex legal matters. The firm has secured significant victories in high-profile cases, often involving large corporations, and is recognized for its commitment to achieving justice and compensation for harmed parties. Milberg’s dedication to legal excellence has made it a leader in class action and mass tort litigation across the United States.
Leigh Day is a leading UK law firm specializing in personal injury, human rights, and class action litigation. Established in 1987, the firm is renowned for its commitment to securing justice for individuals and groups affected by corporate negligence, environmental harm, and violations of consumer rights. Leigh Day has been at the forefront of high-profile cases, often taking on large corporations and government entities. The firm is particularly noted for its expertise in environmental, product liability, and employment law, and is dedicated to achieving positive social change through legal action.
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