Diesel Emissions Claims

For a vehicle to be registered, sold and driven in the UK, amongst other things, it must comply with the NOx emissions limits as set out in Europe-wide Emissions Regulations.

NOx is a combination of Nitrogen Oxide and Nitrogen Dioxide; both of which are pollutants associated with, amongst other things, acid rain and childhood asthma. NOx is harmful to humans and the environment, which is why its emissions are controlled and regulated.

In these claims, we will allege that various vehicle manufacturers fitted ‘defeat devices’ (in the form of specialist engine-management software), to certain vehicle models, which allowed them to manipulate the emissions controls to operate during Regulatory testing; but to shut-off and/or reduce NOx cleaning during everyday use.

This allowed these engines to pass official European Emissions Tests, despite their NOx emissions in the real world being much higher than the emissions limits provided for in the Emissions Regulations.

As a consequence, consumers were misled into thinking that the vehicles they bought were much less harmful to the environment than they actually were, allowing manufacturers to charge more for their sale.

The claims will allege that manufacturers fraudulently represented that the affected vehicles were better for the environment than they actually were, that they complied with all relevant laws and Regulations and that they did not contain the ‘defeat devices’ now identified.

As well as this claim in deceit, it is also alleged that they breached the terms of the sale and/or lease contract with their customers, on the basis the vehicles were not “fit for purpose”, and that they breached EU regulatory law and consumer protection laws.

That is not for us to say, and is not something that has been commented on by any of the vehicle manufacturers.

However, in order to produce diesel engines that had desirable power characteristics and fuel economy, whilst maintaining low enough levels of emissions so as to meet the stringent European Emissions Standards, it is alleged that various techniques were used to reduce the amount of harmful NOx found in the vehicles’ emissions, including Exhaust Gas Recirculation (EGR) and AdBlue technology.

EGR, as the name suggests, is the recirculation of exhaust gases to re-burn them in the engine in order to reduce the amount of NOx that is discharged. This process does however produce more soot that has to be cleaned out of the exhaust.

AdBlue is injected into the engine’s exhaust gases and, in the resulting chemical reaction, the NOx in the exhaust is converted into harmless nitrogen and water vapour.

However, whilst both of these techniques reduce NOx emissions, they each come at a cost in relation to the engine’s performance and fuel economy.

Claims such as this are complex in nature as they involve a global corporation with a financial interest to fight against the allegations.

However, strength in numbers allows consumers to band together under the law to challenge the illegal acts and/or omissions of the global corporation – in this case, to claim compensation for being deceived and for any losses they have suffered as a result of the deception.

Because the basic allegations of wrong-doing are the same for every claim, these issues can be argued once, and then applied to every claim. This is called Group Litigation. It means that the considerable expense of arguing the case once can be shared between all of the Claimants.

The process will likely involve expert evidence, procedural challenges, and multiple court hearings. It is common for these types of cases to take a number of years to conclude.

In the meantime, individual Claimants will however still need to provide to their solicitors all relevant information and/or documentation in relation to their own vehicle, so that their case can be properly investigated, progressed, and ultimately valued on its own circumstances.

In the event of a successful case, it is likely that a compensation scheme could be negotiated between the parties. Once approved, each consumer who has intimated a claim against the corporation (and become a Claimant), will have their cases assessed and valued based on the information and evidence provided.

Yes. If you purchased an affected vehicle in Scotland or Northern Ireland you will need to take advice from a solicitor in that jurisdiction to see if you can join any legal proceedings there.

No, it does not matter who you bought or leased your vehicle from, as long as it was bought/leased in England or Wales. Your claim will be eligible against the manufacturer whether you bought your vehicle from a showroom, from a private seller or from a third-party dealer.

No. Your claim will not be affected even if you have sold your vehicle, and you can sell your vehicle at any time in the future.

We are required, for regulatory purposes, to complete an ID check and to satisfy our ‘Anti-Money Laundering’ obligations.

We will require your personal details (including your address and Date of Birth) and we may also need you to provide us with evidence of your identity in the form of a copy of your Driving License, Passport, or a utility bill and/or bank statement issued within the past 3 months.

In due course, we will also require proof that you purchased, financed and/or leased an affected vehicle in England or Wales, between 2008 and 2018.

The evidence we will require may be in the form of any one of the below documents:

• V5 or other DVLA document
• Purchase invoice
• Finance or lease agreement
• Receipt of sale
• A recall letter issued by the manufacturer
• MOT Test Certificate/ servicing record
• Certificate of Insurance
• P11D Benefit Statement
• Vehicle brochure or other sales literature

There may also be a need for you to provide other supporting documents required for the purposes of litigation, to prove the financial loss you have suffered. If and when this need arises, we will contact you.

Don’t worry many people no longer have access to all the documents required and, with this in mind, we have processes in place to collect the information from other available sources. However, it is by no means guaranteed that we will successfully get the necessary documents from these sources. We would remind you that the onus is on you, as the Claimant, to establish and prove your claim. Therefore, the more documentation you are able to provide to us; the better we will be able to assist you and the greater prospect you have in being successful with your claim.

We know other law firms are also investigating a claim against manufacturers of diesel vehicles in relation to the ‘defeat devices’ installed in their UK registered vehicles and, whilst we cannot speak for their approach, what we can say is that we currently represent thousands of Claimants in actions against a number of different diesel vehicle manufacturers (claims which arise out of similar facts), and we are committed to ensuring all parties affected by the ‘emission scandal’ are compensated.

We will look to utilise our vast civil litigation experience, together with our experience of larger corporate entities and group actions, to ensure we best represent our clients throughout their claims process.

Our ability to deliver means we have secured funding and insurance cover, which enables us to proceed with any individual’s claim on a ‘no-win, no-fee’ basis.

We will pursue your claim on a ‘no-win, no-fee’ agreement. To that end, if we don’t win your case, and you keep to the terms of the agreement entered, you won’t be charged.

We will put an After-The-Event (ATE) Insurance policy in place to protect you from being liable for your opponent’s legal costs should your claim be unsuccessful. The cost of the ATE insurance premium is a cost that we bear in the event your claim is unsuccessful.

In any UK litigation there is a risk of the loser having to pay towards the winner’s costs. This ATE insurance covers those costs and therefore protects you in the unlikely event this should happen.

If you do win, some of our charges will be paid by the Defendant to your claim and some by you – up to 50% of your proportionate share of compensation. You will also have to pay the cost of the ATE Insurance premium out of part of the damages you receive.

If we lose the claim, we will not charge you for our time or the costs we have incurred on your behalf provided you keep to the terms of the agreement.

Financial compensation for you – We allege that you are entitled to damages for being misled. You are also likely to have paid a higher price for your vehicle and/or the resale value could be less.

For the environment – Vehicle manufacturers should not be allowed to profit from being untruthful and should be held to account for their actions. We all have a responsibility to protect the environment and vehicles that emit harmful levels of noxious substances that are harmful to the environment, and to health, affect us all.

Accountability – Any company or organisation that has misled its customers should be held to account for their actions and pay any subsequent penalties. Big businesses have powerful brands that people trust, and this trust is often the reason consumers make decisions to purchase a product. Companies cannot be allowed to abuse this trust to increase their profits, and so this action will act as a deterrent for other companies.

At this stage, it is difficult to predict the amount of compensation you will receive in the event the claim is successful.

The amount you would receive is dependent on a variety of factors (including: the purchase price; age of the vehicle; model; and specific characteristics of your vehicle).

The amount of damages that are awarded will ultimately be determined by the Court or negotiated between the parties.

You can only pursue a single claim in respect of each affected vehicle that you own, you must therefore choose your legal representative prior to the filing of any claim at Court.

Claims will be checked against one another and if you are found to have instructed more than one set of solicitors in respect of the same vehicle, you may have to pay one of those solicitors’ costs, as well as the costs of the opponents, out of your own pocket.