• Car Dealer Plus
No Result
View All Result
  • Latest
  • Used Cars
  • Live
  • Forum
  • Power 2020
  • UCA 2020
  • UCA 2021
  • CDX
  • Knowledge
  • Suppliers Guide
  • About Us
  • Latest Issue
  • Top 100
  • CD Plus
  • Latest
  • Used Cars
  • Live
  • Forum
  • Power 2020
  • UCA 2020
  • UCA 2021
  • CDX
  • Knowledge
  • Suppliers Guide
  • About Us
  • Latest Issue
  • Top 100
  • CD Plus
No Result
View All Result

Volkswagen DID install unlawful ‘defeat devices’, High Court rules in dieselgate class action

Car Dealer Magazine by Car Dealer Magazine
April 7, 2020
0
Home News

The High Court said today that Volkswagen put unlawful ‘defeat devices’ in thousands of its diesel vehicles.

It is the first major ruling during a class action in England and Wales over the dieselgate emissions scandal. However, VW is refusing to take it lying down and is looking to lodge an appeal, adding that the decision didn’t determine liability.

Some 90,000 motorists who bought Audi, Seat, Skoda and VW diesel vehicles are claiming for compensation in a case set to be the largest consumer action in English legal history.


Their lawyers say Volkswagen ‘cheated’ European emissions standards designed ‘to save lives’, by installing the illegal devices in its diesel vehicles. These devices detected and activated the complete emissions control systems when official testing was taking place.

The controls were then deactivated for normal driving, letting the vehicles pump out up to 40 times the legal limit of nitrogen dioxide when on the road.

The scandal originally broke in the USA in September 2015, and Volkswagen Group subsequently announced that 11 million vehicles worldwide, including almost 1.2 million in the UK, were affected, prompting a rash of legal action globally.

The aftermath has seen it pay out more than 30bn euros (circa £26bn) in fines, recall costs and civil settlements, as well as criminal charges brought by German prosecutors against current and former senior employees.


The English litigation was filed in 2016 and reached what lawyers called ‘a decisive court battle’ at a preliminary hearing in December, when the High Court was asked to decide whether software installed in VW cars was a ‘defeat device’ under EU regulations.

In a judgment delivered remotely this morning, Mr Justice Waksman ruled that ‘the software function in issue in this case is indeed a defeat device’ under EU regulations.

The judge said he was ‘far from alone in this conclusion’, citing ‘numerous courts and other bodies in various other jurisdictions (which) agree that the software function here is a defeat device’.

He added: ‘While I take comfort from that fact, I make it clear that there is no need to resort to it because in my judgment the answer is so plain in any event.’

Bozena Michalowska-Howells, who is a solicitor at Leigh Day, which represented some of the claimants, said: ‘We hope that Volkswagen accepts the court’s decision and we urge them to now do the right thing and put their customers first by entering into settlement negotiations so that our clients are not forced to drag VW through the courts and be faced with further years of litigation to determine their losses.’

However, in a statement, a spokesperson on behalf of Volkswagen Group said: ‘While Volkswagen is disappointed that the outcome was not in our favour, the judgment relates only to preliminary issues. To be clear, today’s decision does not determine liability or any issues of causation or loss for any of the causes of action claimed. These remain to be determined by the court as the case continues.

‘Volkswagen remains confident in our case that we are not liable to the claimants as alleged and the claimants did not suffer any loss. We will continue to defend our position robustly. Nothing in this decision today changes this. We look forward to making progress with defending the remainder of the case.

‘Volkswagen is considering carefully the grounds on which it may seek to appeal against today’s decision.’

MORE: ‘Decisive court battle’ over Volkswagen emissions scandal set to begin

MORE: Greenpeace protesters call for justice as VW in High Court

MORE: Volkswagen emissions scandal claims gear up in High Court

MORE: Carmaker faces billions in fines in USA over emissions scandal

Get more from Car Dealer

  • Premium stories
  • Used car data
  • Magazine early access
Register

Or Sign in

Related Posts

Emissions fall by 12 per cent across Europe as more EVs are bought and tougher rules brought in
News

Emissions fall by 12 per cent across Europe as more EVs are bought and tougher rules brought in

April 23, 2021
Electric cars in London
News

Huge survey reveals majority of motorists think EVs are too pricey and are unaware of government grants

April 23, 2021
Honda HR-V will be hybrid
News

April 23 round-up: Vaccines are working; Manufacturers optimistic; Consumers more confident; New Honda HR-V hybrid

April 23, 2021
Motorway Pro Dealer website
News

Motorway announces MoneySuperMarket partnership as it sees weekly sales of used cars hit record £10m

April 23, 2021
Electric car charging bay
News

Electric vehicle searches on Carwow increase more than a third in March

April 23, 2021
Financial Conduct Authority reception
News

Fifteen dealers struck off by Financial Conduct Authority in first quarter of 2021

April 23, 2021

Want the latest news?

Sign up to Car Dealer's daily news email updates

Subscribe
Electrified vehicle registrations overtake diesels for the first time in Europe
News

What is stopping car buyers from switching to EV? Our exclusive White Paper reveals all

April 16, 2021
How many car dealerships does each manufacturer have in the UK? Car Dealerships Locations List 2021 revealed
News

How many car dealerships does each manufacturer have in the UK? Car Dealerships Locations List 2021 revealed

March 12, 2021
Used Car Awards with Mike Brewer and James Baggott graphi
News

Who won what at the Used Car Awards 2020? Mike Brewer reveals our winning car dealers

March 12, 2021
Used Car Awards 2021 logo
Used Car Awards

Used Car Awards 2021 will be back in all their glory on November 29 hosted by Mike Brewer

April 15, 2021
The Newcomers: Here are the 10 electric car brands coming to a forecourt near you soon
News

The Newcomers: Here are the 10 electric car brands coming to a forecourt near you soon

March 30, 2021
Trophy Cars forecourt
News

Investigation: Meet the hyper-specialist car dealers making their money from weird and wonderful motors

March 12, 2021
Car Dealer Top 100 – The list in full of the most profitable car dealers in the UK
Car Dealer Top 100

Car Dealer Top 100 – The list in full of the most profitable car dealers in the UK

February 10, 2021
BMW, Mercedes, Audi and Volvo, could they be sold under one roof?
News

Multi franchising: Premium brands rule out selling cars alongside rivals in same dealer – as others remain tight-lipped

March 11, 2021
  • Latest
  • Used Cars
  • Live
  • Forum
  • Power 2020
  • UCA 2020
  • UCA 2021
  • CDX
  • Knowledge
  • Suppliers Guide
  • About Us
  • Latest Issue
  • Top 100
  • CD Plus
Call us: 020 8125 3880

© 2020 Blackball Media

No Result
View All Result
  • Car Dealer Plus
  • Latest
  • Used Cars
  • Live
  • Forum
  • Power 2020
  • Used Car Awards 2020
  • Used Car Awards 2021
  • CDX
  • Knowledge
  • Suppliers Guide
  • About Us
  • Latest Issue
  • Top 100

© 2020 Blackball Media

Log In
Register
Register
Server 2