When faced with the pressure of a high-stakes group litigation action, many companies fear the worst: reputational damage, spiralling costs, and the risk of precedent-setting liability. But thanks to the skill, strategy, and commitment of Clyde & Co, one of the most significant nuisance group actions in recent years was successfully defended – delivering total vindication for the client.
The claim involved more than 150 individuals who alleged that dust, noise and odour emissions from the Kronospan factory in Chirk, North Wales caused a public and private nuisance between 2011 and 2017. Significant damages were claimed and also an injunction.
Kronospan are a manufacturer of wood based panel products with factories worldwide. They are a leader in technical development with a commitment to a low environmental impact. Having operated the Chirk factory responsibly over many decades, the case was of significant importance to them. From the outset, our team approached the case with a clear vision: to dismantle the claims with rigorous evidence, expose inconsistencies, and demonstrate Kronospan’s responsible conduct.
The Judgment followed a 5 week trial in April/May 2025 in which the Court considered evidence from 16 representative test claimants and extensive expert evidence in relation to dust monitoring, analysis and modelling.
In a comprehensive Judgement, HHJ Stephen Davies, found that witness evidence called by the Claimants was in many respects unreliable and exaggerated. He ultimately concluded that:
We built a defence strategy undermining the foundation of the claim. We demonstrated that the claimants’ experiences and alleged losses were inconsistent/unfounded. Through meticulous preparation and cross-examination, we exposed exaggeration and contradiction, reducing the reliability of test case witnesses. We showed the court that Kronospan had not only complied with regulations but acted responsibly at all times.
Expert testimony further strengthened our defence. Our carefully selected experts presented clear, independent, and scientifically robust evidence that dismantled the claimants’ technical arguments. The Judge preferred our evidence on every significant issue.
The judgment was resounding and cements Clyde & Co’s reputation as leaders in defending complex, high-stakes group litigation. The Clyde & Co team was led by Hugh Mullins assisted by Lucy Miemczyk, Adam Redman and Nick Cory. Alongside Counsel members, Michael Kent KC (Crown Office Chambers) and Michael Jones (Cobden House).