About this case

Case name

Paul Bell v Volvo Cars

Case reference number

GP9/24

Date of hearing

Tuesday 4 August 2026

Time of hearing

10:30 to 13:00 then 14:00 until conclusion

Division

First Division

Judges

• Lord President
• Lord Clark
• Lord Ericht

Agents and Counsel

For the Reclaimers (Volvo Group)

• Agents: DLA Piper Scotland LLP
• Counsel: Dean of Faculty and Ross Anderson

For the Respondent (Mr Bell)

• Agents: Jones Whyte
• Counsel: Robert Milligan, KC and Adam Black

Case description

[1]   The respondent seeks permission to act as a representative party and to bring group proceedings against the reclaimers under Parts 2 and 3 of Chapter 26A of the Court of Session Rules respectively. His draft summons concludes for: (i) declarator that Volvo branded vehicles purportedly manufactured to Euro 5 and Euro 6 emission standards incorporated prohibited and unlawful defeat devices; and (ii) for payment by each reclaimer severally or jointly and severally of a sum in damages which represents the loss suffered by each individual group member consequential to such prohibited incorporation. There are over 4,000 individual group members listed in the Group Register.

[2]   The first and second reclaimers are Volvo brand companies. The respondent’s case against them is that they engaged in an unlawful means conspiracy to manufacture and install prohibited defeat devices into Volvo vehicles and to supply the vehicles unlawfully in the UK. Moreover, the respondent claims that the first and second reclaimers fraudulently misrepresented to purchasers that the vehicles were duly compliant with EU and UK regulations.

[3]   The third and fourth reclaimers are finance companies who provided purchase and lease finance for Volvo brand vehicles. They are said to be in breach of contract under the Sale of Goods Act 1979, the Supply of Goods and Services Act 1982 and the Consumer Rights Act 2015.

[4]   The reclaimers contend that the Lord Ordinary ought not to have granted permission to proceed with group proceedings. They argue that the provisions of section 20 of the Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018 Act do not supersede the common law rule that one cannot conclude for joint and several liability against numerous defenders on separate and unconnected grounds. The respondent, having done so in his draft summons, is said to have proposed an incompetent action, one which fails to plead a prima facie case or offer a real prospect of success.

[5]    The First Division of the Inner House of the Court of Session will hear the reclaiming motion on Tuesday 4 August 2026 at 10:30am.