UK’s massive Dieselgate lawsuit proceeds to court

A landmark legal case has commenced in London’s High Court, bringing five of the world’s largest automotive manufacturers to trial over allegations they systematically misled consumers and regulators by cheating on diesel emissions tests. The class-action lawsuit, potentially the largest in UK history, consolidates the claims of approximately 850,000 vehicle owners, with the potential to grow to 1.8 million claimants across 14 brands. The case centers on the accusation that the automakers installed so-called “defeat devices” in their vehicles, a technology designed to artificially lower emissions readings during regulatory testing.

The legal action targets a broad consortium of the automotive industry, with Mercedes-Benz, Ford, Nissan, Renault, and Stellantis—the parent company of Peugeot and Citroen—named as the initial defendants. Should the court find in favor of the claimants, the financial repercussions could be substantial, with potential compensation reaching up to £6 billion. This trial is a significant milestone in the decade-long “Dieselgate” saga, which has already resulted in billions in fines and settlements globally, and it could redefine the landscape of consumer and environmental law in the United Kingdom. The carmakers uniformly deny the allegations, setting the stage for a protracted and complex legal battle.

Allegations of Deceptive Technology

The central claim in this lawsuit is that the defendant automakers intentionally programmed diesel engine management systems to recognize when they were being tested. This software, referred to as a “defeat device,” would then alter the vehicle’s performance to reduce emissions of harmful pollutants like nitrogen oxides (NOx) to within legal limits. However, claimants argue that once the vehicles were operating under normal, real-world driving conditions, these emissions control systems would be deactivated, leading to NOx emissions far exceeding the legal standards.

The discrepancy between laboratory performance and on-road emissions is the crux of the plaintiffs’ case. They contend that this practice not only constitutes a breach of consumer law by misrepresenting the vehicles’ environmental performance but also has significant public health implications. Nitrogen oxides are known contributors to a range of respiratory and cardiovascular illnesses, and the alleged deception by the car manufacturers is presented as a direct contributor to air pollution. The lawsuit aims to prove that this was a deliberate and widespread practice across the industry, designed to circumvent emissions regulations while appealing to an increasingly environmentally-conscious market.

A Scandal with a History

The current legal proceedings did not arise in a vacuum but are a direct consequence of the original “Dieselgate” scandal that erupted in September 2015. At that time, the US Environmental Protection Agency (EPA) found that Volkswagen had installed defeat devices in its diesel vehicles, a revelation that sent shockwaves through the global automotive industry. The German automaker eventually admitted to fitting millions of cars worldwide with this software, leading to massive fines, vehicle recalls, and the resignation of its CEO.

In the United Kingdom, Volkswagen’s actions resulted in a similar class-action lawsuit, which the company settled in May 2022 for a sum of £193 million distributed among 91,000 vehicle owners. This settlement, along with a 2020 High Court ruling that Volkswagen had indeed used defeat devices to cheat emissions tests, set a crucial precedent for the current, larger case. The ongoing trial now seeks to determine whether the practices uncovered at Volkswagen were an isolated incident or indicative of an industry-wide strategy to deceive regulators and the public.

The Manufacturers’ Defense Strategy

In response to the sweeping allegations, all five of the accused automotive groups have unequivocally denied any wrongdoing. While the specific legal arguments will be detailed throughout the trial, the manufacturers are expected to contend that the software in question was not designed to manipulate test results. Instead, their defense will likely focus on the technical justification for the software’s existence, arguing that its primary purpose was to protect the engine from damage under certain operating conditions, not to cheat on emissions tests.

A Matter of Interpretation

The carmakers’ defense hinges on a nuanced interpretation of what constitutes a “defeat device.” Mercedes-Benz, for instance, has stated that its systems were “legally and technically justified,” while Renault and Stellantis have maintained that their vehicles were compliant with all European emissions regulations at the time of sale. Ford has dismissed the lawsuit as being “without merit.” This line of argument suggests that the trial will delve into highly technical details of engine management and software design, with both sides presenting expert testimony to support their claims. The outcome of the case may well depend on the court’s interpretation of these complex technical issues and whether the primary function of the software was engine protection or emissions test circumvention.

Potential Legal and Financial Ramifications

The scale of this class-action lawsuit is unprecedented in the English and Welsh legal systems. With 850,000 claimants already involved and the potential for that number to more than double, the case represents a significant challenge to the automotive industry. Law firms representing the claimants, such as Leigh Day and Slater and Gordon, have underscored the monumental nature of the trial, framing it as a crucial test of corporate accountability and consumer rights.

Should the court rule in favor of the claimants, the financial implications would be immense. The estimated £6 billion in potential compensation would be a significant blow to the involved carmakers, but the repercussions would likely extend beyond the immediate financial penalties. A verdict against the manufacturers could trigger further lawsuits, regulatory investigations, and a fundamental shift in how vehicle emissions are tested and regulated. It could also lead to a reassessment of the “clean diesel” marketing campaigns that were prevalent for much of the past two decades.

The Human and Environmental Context

Beyond the legal and financial arguments, the trial has brought renewed attention to the public health and environmental consequences of diesel emissions. Protesters gathered outside the High Court on the opening day of the trial, including Rosamund Adoo Kissi-Debrah, whose nine-year-old daughter died in 2013 from an asthma attack linked to air pollution. This personal testimony serves as a stark reminder of the real-world impact of air quality and the pollutants at the heart of the “Dieselgate” scandal.

Nitrogen oxides, the primary pollutants in question, are known to exacerbate respiratory conditions such as asthma and have been linked to a range of other health problems. The allegation that carmakers knowingly and secretly allowed their vehicles to emit these pollutants at levels far exceeding legal limits has added a powerful moral dimension to the legal proceedings. The trial is not just about financial compensation; it is also about holding corporations accountable for their environmental and public health responsibilities.

The Road Ahead

The High Court trial is expected to last for three months, during which time the court will examine a small sample of diesel vehicles produced by the five defendant companies. Given the complexity of the case and the vast amount of technical evidence to be considered, a judgment is not expected until mid-2026. The initial phase of the trial will focus on establishing whether the technology used by the carmakers constitutes a “defeat device” under the law. The outcome of this first stage will be pivotal, as it will set the precedent for the remainder of the claims and for any similar lawsuits that may arise in the future. The eyes of the automotive industry, regulators, and consumers worldwide will be on the London High Court as this landmark case unfolds.

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