Ruling of the Tribunal in relation to the potential inadvertent disclosure of confidential information during the trial in these proceedings, after the Claimants in Case 1528/5/7/22: Volkswagen AG and Others v MOL (Europe Africa) Ltd and Others raised a concern regarding potential breaches of the Joint Confidentiality Ring Order made in those proceedings and the McLaren proceedings.
The Tribunal made no finding in relation to the alleged breaches of the Joint Confidentiality Ring Order, and declined to grant an order prohibiting use of all of the confidential information of the VW Claimants. The Tribunal made a short statement in court on 18 February 2025 to the effect that cross-examination took place on Day 9 of the trial by reference to confidential information of the VW Claimants, and reminded the parties that the information was confidential and that the transcript had been redacted.