[2025] EWHC 2307 (KB)

We were struck by the very limited assumptions set out by the defendants generally in this phase. The only assumption of relevance is in the master assumptions where it makes it clear that ten Sample Claimants will be drawn from each of the main GLOs with the expectation of reducing this to 40 sample claimants. We record, as requested by the parties, that we have budgeted the parties’ costs on the basis of there being 40 claimants with Mercedes, PCD and Ford each having 10 claimants and Nissan and Renault having 5 each. If this situation should alter, the parties will need to reconsider their budgets for this phase, amongst others.

Given the limited assumptions we have reduced the average figure for the Lead and ALGLO defendants from just over £110,000 to £100,000 for those with ten Sample Claimants and allowed £60,000 for those with five claimants.

The only Non-ALGLO defendant whose claim has not been agreed at £5,000 is Vauxhall. The claim for £17,000 for the assumed very little involvement involves four fee earners spending 17 hours together with time for leading and junior counsel. This compares with most other defendants spending 10 hours (at lower rates) and without involving counsel. We do not see this as a reasonable approach, even with the counter proposal of £13,000 and so have allowed the sum of £5,000.

The claimants have also made offers on this basis. As a result, the offers for Nissan and Renault are lower because they would only be facing five Sample Claimants each.