Milberg and Leigh Day secure a class action injunction 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 bring a new legal challenge against Jaguar Land Rover (JLR), addressing issues beyond devices to undermine emissions.
The companies have registered 39,000 claimants who may own defective JLR diesel vehicles, with estimates suggesting more than a million drivers could ultimately be affected.
In issuing the GLO, Senior Master Cook emphasized that these claims are “distinct and separate” from the existing lawsuit against JLR over NOx emissions, which is already represented by Leigh Day and Pogust Goodhead as lead attorneys.
The current allegation concerns the filters installed in diesel JLR vehicles designed to capture and reduce harmful particulates (known as DPFs), which are alleged to be defective both now and in the past.
As a result, the vehicles are said to have faced the possibility of significant engine damage, increased oil dilution, increased fuel consumption and accelerated engine wear, along with shorter maintenance intervals and various operational challenges.
In specific situations, it is reported that problems with the DPF system can cause the engine management system to activate ‘limp home mode’, which limits the vehicle’s speed to a very slow pace or shuts down the engine completely.
Master Cook indicated that both Milberg and Leigh Day were preparing to file additional claims and were in discussions with other firms planning to initiate legal proceedings.
The two firms also said they had contacted Johnson Law Group – the UK arm of the US class action law firm based in Manchester – which has already taken legal action.
Defendants include JLR, authorized dealers and leasing companies, all of which have agreed to the enactment of the Group Litigation Order (GLO).
Although this was “not decisive on the issue,” Master Cook stated that he had determined that a GLO was warranted.
“First, approximately 42,000 claims have been filed on behalf of approximately 39,000 claimants. “I am confident that it is likely that more claimants will join the lawsuit, not least because the vehicles at issue concern a range of models purchased from 2014 onwards and still on sale,” he explained.
“The parties estimate that more than one million current and former owners of the subject vehicles could be eligible to participate in the lawsuit.
“In the circumstances, establishing a group register, publishing the GLO and an appropriate cut-off date are therefore all valuable case management features of a GLO that will further the overarching objective.”
Thus, given the likelihood that other law firms will initiate actions that fall within the scope of the Group Litigation Order (GLO), the case management strategy of appointing lead counsel and forming a plaintiff steering committee, together with a group of plaintiff attorneys, would be beneficial. as an efficient and cost-effective approach to overseeing any additional claims brought by these companies.
Furthermore, a GLO would create an appropriate framework for addressing the overarching issues, such as harm assessment, in a manner that is both effective and streamlined.
Master Cook also highlighted that similar claims are handled in a similar manner in the United States and Australia. In addition, 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 leading U.S. law firm known for its expertise in class action, securities, antitrust and consumer protection litigation. With a history spanning more than 50 years, Milberg has built a reputation as an advocate for individuals and groups in complex legal matters. The firm has achieved significant victories in high-profile cases, often involving major corporations, and is recognized for its commitment to achieving justice and compensation for injured parties. Milberg’s commitment to legal excellence has made it a leader in class action and mass tort litigation in the United States.
Leigh day is a leading UK law firm specializing in personal injury, human rights and class action litigation. Founded in 1987, the company is known for its commitment to ensuring justice for individuals and groups affected by corporate negligence, environmental damage and consumer rights violations. Leigh Day has been at the forefront of high-profile cases, often involving major corporations and government agencies. The firm is best known for its expertise in environmental, product liability and employment law, and is committed to achieving positive social change through legal action.