A decade on from Volkswagen’s ‘dieselgate’ scandal, a pivotal trial at London’s High Court will begin on Monday with lawyers representing 1.6 million claimants taking legal action against major manufacturers accused of cheating emissions tests.
More than a dozen car makers have been alleged to have used technology on diesel vehicles made from 2009 onwards to manipulate emissions tests.
The claim is the largest of its kind in English history, with the High Court previously told it is believed to be worth at least £6billion.
The trial will initially focus on diesel vehicles made by Mercedes-Benz, Ford, Nissan, Renault and the Stellantis-owned brands Peugeot and Citroen said to have been fitted with unlawful ‘defeat devices’.
These devices detected when vehicles were being tested and ensured emissions were kept within legal limits but did not do so when the cars were on the road, the claimants’ lawyers say.
The manufacturers, however, say the claims are fundamentally flawed and reject any similarity with the scandal that erupted in 2015, which cost Volkswagen billions in fines and compensation.
Campaigners pictured outside the Royal Courts of Justice in central London on Monday morning as the High Court decides in a three-month trial if major car makers installed emissions cheating ‘defeat devices’
The trial will focus on a small sample of diesel vehicles produced by the five manufacturers, who are being sued by nearly 850,000 claimants, to determine whether they employed prohibited defeat devices.
Any damages the court might rule should be paid would be decided at a further trial next year.
The court’s ruling will also be binding on hundreds of thousands of similar claims against other manufacturers including Stellantis-owned Vauxhall/Opel and BMW.
Martyn Day, one of the claimants’ lawyers from the firm Leigh Day, said the allegations, if proven ‘would demonstrate one of the most egregious breaches of corporate trust in modern times’.
Adam Kamenetzky, one of the claimants, said he believes he was ‘defrauded’ when he bought a Mercedes SUV in 2018 with the understanding that it was less polluting than other models
The dieselgate scandal first emerged in September 2015. The US Environmental Protection Agency accused Volkswagen of installing software – known as ‘defeat devices’ – on diesel cars to lower readings of nitrogen oxide emissions
Adam Kamenetzky, one of the claimants, said he believes he was ‘defrauded’ when he bought a Mercedes SUV in 2018 with the understanding that it was less polluting than other models.
‘We live in a built-up neighbourhood in London where there are children with lungs that can be harmed immeasurably by the emissions that these cars are producing,’ he told AFP.
While the ramifications of the trial could be costly for the motor industry, it will take some time for any possible compensation to reach claimants like Mr Kamenetzky.
The dieselgate scandal first emerged in September 2015.
The US Environmental Protection Agency accused Volkswagen of installing software – known as ‘defeat devices’ – on diesel cars to lower readings of nitrogen oxide emissions.
When VW admitted using these defeat devices, it led to the car maker having to pay more than €32billion (£27.8bn) in vehicle refits, fines and legal costs.
Former Chief Executive Martin Winterkorn also faced criminal charges, though his trial was suspended on health grounds this month.
Four other former Volkswagen managers were sentenced for their roles in the scandal in May with two receiving prison terms of several years for their role in the affair, while two received suspended sentences.
Four former VW managers were sentenced for their roles in the scandal in May with two receiving prison terms of several years for their role in the affair. Former CEO Martin Winterkorn (pictured during the 2015 announcement) was due to face separate criminal charges but the trial has been suspended on health grounds
It is not the first time London’s High Court has been asked to decide on defeat devices, having ruled against VW in 2020.
VW settled those claims without any admission of liability in 2022.
The German auto giant agreed to pay £193million to the 91,000 motorists represented by law firms in the class action, which at the time was the biggest to be brought before the English courts.
Volkswagen also made a separate contribution to cover claimants’ legal costs and other fees.
The trial beginning on Monday will focus on a small sample of diesel vehicles produced by Mercedes-Benz, Ford, Nissan, Renault and the Stellantis-owned brands Peugeot and Citroen
The current group of claims, against a total of 14 manufacturers, is far larger than the VW case, with the claimants’ lawyers previously valuing the litigation as a whole at around £6billion.
Car makers involved in the High Court case say claims against them are without merit.
A spokesperson for Mercedes told the BBC that the mechanisms used in tests were ‘justifiable from a technical and legal standpoint’.
Renault and Stellantis, which owns Peugeot and Citroen, has also stated that all vehicles it sold were compliant with regulations at the time.
Ford told the BBC that accusations had ‘no merit’ while Nissan said it was ‘committed to compliance in all markets in which we operate’.
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