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The High Court will hear applications next week by two environmental organisations, Mums for Lungs and ClientEarth, to obtain documents filed in the ongoing Pan NOx ‘Dieselgate’ litigation.
The Dieselgate litigation, which is brought as a group action by approximately 1.6 million car owners, concerns car manufacturers’ alleged use of prohibited “defeat devices” to mask the extent of the cars’ nitrogen oxide (NOx) pollution. The total damages sought by the car owners are estimated to exceed £6 billion.
Mums for Lungs and ClientEarth are seeking unrestricted access to certain documents filed in the proceedings so that they, and the public more generally, can understand how prohibited defeat devices operate and their environmental and health impacts. This material is currently subject to redactions on confidentiality grounds.
Tim Buley KC and Barney McCay act for ClientEarth and Mums for Lungs. They are instructed by Shazia Yamin and Frances Beddow of Mishcon de Reya. Tim and Barney successfully secured protective costs orders at a previous hearing to enable ClientEarth and Mums for Lungs to pursue their applications on a costs-neutral basis.
