[2025] EWHC 1931 (KB)
King's / Queen's Bench Division of the High Court

[2025] EWHC 1931 (KB)

Fecha: 25-Jul-2025

Conclusions

F.CONCLUSION

91.

In summary:

(1)

The pleadings are to be unredacted. Unredacted pleadings are to be made available to interested parties who have applied, or apply, pursuant to CPR5.4C(1);

(2)

The witness statements are to be unredacted;

(3)

The FFD/Firmware/A2L files are to remain designated confidential, save in respect of any excerpts etc. which are pleaded and/or included in documents which contain the same extracts as found in the pleadings;

(4)

Other FFD/Firmware/A2L file extracts in documents otherwise Green or Amber may remain designated Red with liberty to apply;

(5)

All documents designated Amber or Red by reason of reference to parameters and values which have been pleaded should be de-designated;

(6)

Other documents designated Amber to remain Amber, but subject to a procedure whereby (a) CPR 31.22(1)(a) would only apply to the relevant part of the document, so the collateral use restriction (on the party to whom the document is disclosed, i.e. the Claimants) would not be lost in respect of the document as a whole; and (b) the Lead Defendants have the opportunity of applying to reinstate the full collateral use restrictions (on the Claimants) within a short, specified period of time. The phrase ‘read to or by the court, or referred to,…’ should not be watered down.

(7)

All other documents designated Red are re-designated Amber, subject to the Lead Defendants’ right to redact for relevance, and liberty to apply if a dispute arises.

92.

As a result of these determinations, very few (if any) parts of documents which are to be the subject of exploration at trial will not be designated Green or Amber. They will therefore be considered in open court, and their contents are subject to no reporting restrictions. The parties’ demonstrated ability to navigate the Court to any relevant documents still designated as confidential in a way that does not breach that confidentiality will no doubt mean that it would be surprising if any part of the PDD Trial will take place behind closed doors or be subject to any reporting restrictions.