Kevin Mackie has won the latest round in the legal battle with Renault and Nissan RCI.
Earlier this year Mackie won a high court case saying he could bring Nissan, Renault RCI to court to seek compensation for terminating his business in 2021.
Nissan, Renault and RCI had appealed and last week Deputy High Court Judge Lance Ashworth KC ruled that this appeal had “no realistic prospect of success”.
The judge ordered Renault, Nissan and RCI to pay Mackie Motors £117,500 in legal costs relating to the failed application. Mackie had sought £194,000 but this was deemed too high.
A motion to the Court of Appeal is now the final challenge available to Nissan, Renault and RCI and must be submitted within 21 days.
The case goes back to 2021 when Mackie Motors was terminated, with MD Kevin Mackie claiming consequential lost profits, business value and unreimbursed investment in seized vehicle stock.
At the time of its termination MMBL’s claims were handled by law firm Freeths LLP, whose arguments were struck out without hearing by both the High Court and the Court of Appeal as having no prospect of success.
MMBL subsequently instructed Motor Industry Legal Services who re-pleaded the case and raised a number of new legal and factual arguments. Further, MILS joined in Renault and Nissan to the claim, who were not included in the original action.
In January this year Renault UK, Nissan Motor (GB) and RCI Financial Services issued an application seeking to strike out the claim issued by MILS in its entirety or, alternatively, that summary judgment be granted in their favour.
Judgment was handed down in the High Court of Justice Commercial Court by Judge Lance Ashworth KC with Mackie set to get his day in court.
Posting on LinkedIn, Kevin Mackie said: This is fantastic news for Mackie Motors, my family, and all our former employees and customers who have waited so long for the facts to be properly examined. This is another major step forward, the fight for truth and accountability is getting close!”
Renault said: “We will continue to defend our position, as we have done throughout this process.”
