High Court rules against Mercedes-Benz in 'dieselgate' case

The High Court has rejected an argument from Mercedes-Benz that a German car regulator’s ruling should apply in England and Wales, which would have prevented claims against the manufacturer being made through 'dieselgate' litigation. 

Mercedes-Benz argued that the German car regulator – the Kraftfahrt-Bundesamt (KBA) – had already ruled on whether their cars contained prohibited defeat devices.  

In effect, Pogust Goodhead and Leigh Day, who are acting as co-lead solicitors for claimants, claimed the manufacturer wanted to bind English courts to a decision made by the German regulator and prevent British consumers from bringing claims in England and Wales.

However, the High Court rejected that argument, leaving the door open for diesel car owners in the UK to challenge car manufacturers in English courts on the presence of prohibited defeat devices in their vehicles. 

Pogust Goodhead global managing partner and CEO, Tom Goodhead, said: “This is a huge victory for British consumers as it will allow British courts and regulators to check whether these diesel car manufacturers complied with the law on emissions.”

Pogust Goodhead partner, Peter Gallagher, who led the Pogust Goodhead team, also believes the court’s decision “significantly undermines” the defendants' attempts to avoid accountability for their role in the Dieselgate scandal. 

However, a spokesperson for Mercedes-Benz UK told Fleet News: “We continue to believe that the claims are without merit and will vigorously defend ourselves against them or any group action with the necessary legal means.”

Several unnamed manufacturers are already facing an investigation by the DfT over the possible use of prohibited defeat devices.

Reports suggest that the DfT has identified a total of 47 different models from 11 manufacturers that are suspected of being more polluting than previously thought.

It is understood some 20 motoring brands have been impacted.

A DfT spokesperson told Fleet News: “We routinely and robustly check vehicles against emission standards and have acted quickly to set up an investigation on this matter. 

“We will work with industry to resolve any issues identified.”

In 2018, the Government strengthened restrictions against the use of illegal emissions technology by passing legislation making it an offence for manufacturers to place motor vehicles on the market which contain prohibited defeat systems.

The DfT spokesperson added: “Defeat devices are illegal, misleading for drivers and can have negative health impacts on the public.”

The DfT would not disclose the number of models or brands affected or the manufacturers involved, saying it would “not be inappropriate to comment further on a live investigation”.

The case is set to go to a full trial in 2025.