Acuity Law acting in High Court application against Ferrari concerning alleged brake defects

Senior Partner Hugh Hitchcock and Partner Jared Ursell in Acuity Law’s Commercial Litigation Team are currently acting for a client in connection with a claim against Ferrari, arising from alleged brake defects in a number of the manufacturer’s high-performance supercars.

The claim follows reports from drivers of sudden and unexpected brake failure. A recent article published by the Daily Mail has highlighted a number of troubling cases in which drivers described a loss of braking capability, raising serious safety concerns.

High Court application for pre-action disclosure

As part of the claim, Acuity Law’s client has made an application to the High Court for pre-action disclosure of documents held by Ferrari. The application seeks early access to relevant technical and internal documents in advance of formal proceedings, with the aim of understanding the cause and scope of the alleged defects.

Ferrari is contesting the application, and the matter is expected to raise important legal issues.

Jurisdictional issues likely to be considered

In particular, the Court is likely to consider whether it has jurisdiction to order pre-action disclosure of documents that are said to be located outside the jurisdiction, where the defendant company is also based outside the jurisdiction.

These issues are of wider significance, particularly in cases involving international manufacturers, cross-border supply chains, and complex technical evidence.

The application is expected to proceed to a contested hearing in 2026.

Commenting on the application, Senior Partner Hugh Hitchcock said:

“This application raises important questions about access to documents at an early stage of proceedings, particularly where manufacturers and key evidence are located outside the jurisdiction. Pre-action disclosure can be a crucial tool in allowing claimants to properly understand the technical issues at stake and to assess the merits of their claims before proceedings are issued.”

Expertise in complex product liability and high-value disputes

Acuity Law has extensive experience advising on complex, high-value disputes, including product liability claims involving technical evidence and international defendants. The firm regularly acts in matters requiring strategic use of procedural tools to secure early clarity and protect clients’ positions.

If you are a manufacturer, distributor, insurer or owner facing potential product safety issues, or are involved in a high-value dispute with an international element, Acuity Law’s Commercial Litigation Team can provide strategic, early-stage advice to protect your position. Contact Hugh Hitchcock, Jared Ursell or a member of the team to discuss how we can support you.