High Court hearing to co-ordinate more than one million drivers’ legal claims over the diesel emissions scandal

The hearing is a significant development in the legal claims brought by vehicle owners over alleged attempts by car manufacturers to cheat emissions tests by using prohibited ‘defeat devices’ in their vehicles. The cases involve unprecedented numbers of claimants, law firms and manufacturers. 

In a highly unusual move, the High Court says it has called the one-day hearing to simplify the management of the claims to reduce costs and delays to all parties, ensure efficient use of the court’s resources and to ensure the issues raised are resolved fairly and efficiently.

Currently, the claims against each different manufacturer are running independently and the court believes there may be overlap between some of the legal, factual and technical issues. 

The hearing will be held before the President of the Kings Bench Division, Dame Victoria Sharp as well as High Court judges Mrs Justice Cockerill and Mr Justice Constable and Senior Master Cook, illustrating the unprecedented scale of the legal action. 

The emissions claims, referred to as NOx Group Litigation, have been issued against the following 13 vehicle Manufacturing Groups: Mercedes, Vauxhall/Opel, Nissan/Renault, Volkswagen/Porsche, Peugeot/Citroën, Jaguar/Land Rover, Ford, BMW, FCA/Suzuki, Volvo, Hyundai-Kia, Toyota and Mazda. 

The law firms due to make joint submissions at the hearing are Leigh Day, which is bringing proceedings against 9 of the manufacturers; Pogust Goodhead, which is bringing claims against all 13 manufacturer groups; Milberg LLP and Hausfield & Co LLP. Together, the firms will be jointly representing over one million people who obtained a vehicle.

Martyn Day, senior partner at Leigh Day, said: “This unprecedented High Court hearing illustrates the significance and scale of the vehicle emissions claims; the largest consumer group actions ever brought before the English courts. Together, the law firms bringing the claims represent more than a million people who purchased or leased a diesel vehicle believing it was more environmentally friendly than it really was. Leigh Day is committed to working collaboratively to bring the claims to a conclusion as quickly and efficiently as possible so that manufacturers are held to account and owners get the compensation they deserve.”

Pete Gallagher, of Pogust Goodhead, said: “We represent hundreds of thousands of motorists in claims against all 13 manufacturer groups currently being litigated against in court. It has been eight years since the emissions scandal first broke and it is high time the manufacturers were held to account for their wrong doing. The vast scale of the cases speaks to the extent of the manufacturers’ misconduct and the very real grievance felt by car owners at being misled as to the true environmental impact of the cars they acquired. We urge the car manufacturers to do the right thing and reach swift settlements so that justice can be served without the need for the Court and the parties to use up huge resources in bringing the cases to a conclusion. We are committed to working with all parties to ensure prompt and fair access to justice and compensation for our clients in these claims.”