Millions of UK motorists have been dealt a major blow in their fight against car manufacturers accused of cheating on emissions tests. In a landmark High Court ruling, judges concluded that most companies did not fit the 'prohibited defeat devices' definition under UK and EU law - a decision that has far-reaching implications for the largest class action claim in English legal history.
The case, dubbed 'Dieselgate 2', mirrors the scandal that erupted in 2015 with Volkswagen at its centre. Now, millions of drivers allege their cars were fitted with software or hardware designed to show lower emissions during tests, but not in real-world driving.
At the heart of Friday's ruling was a legal battle over what constitutes a 'prohibited defeat device'. Claimants argued that certain engine management systems counted as such devices, resulting in higher nitrogen oxide (NOx) emissions than test results suggested. However, the court ruled the carmakers' practices fell short of meeting the required threshold.
The scale of this class action is unprecedented, with millions of vehicle owners seeking compensation for alleged diminished vehicle value and other losses. The initial ruling will be a significant setback for claimants who had invested heavily in building their case based on expert analysis of emissions systems.
Friday's decision contrasts sharply with outcomes in some other jurisdictions and the original Volkswagen scandal, highlighting the complexities and varying interpretations of emissions regulations across different countries. Environmental groups and consumer advocates are likely to scrutinise the ruling closely, pushing for greater transparency and accountability from the automotive industry on vehicle emissions.