Court: High Court of Justice, King’s Bench Division
Case No: QB-2022-002405 and others
Neutral Citation: [2024] EWHC 2904 (KB)
Date: 14th November 2024
Judge: Mr Justice Constable

Parties Involved

• Claimants:
  Various claimants involved in the NOx emissions group litigation, asserting claims against major automobile manufacturers for alleged emissions violations.
• Defendants:
  • Mercedes-Benz Group AG and others
  • Volkswagen AG and others
  • Ford Motor Company and others
  • Nissan Motor Co Limited and others

Representation

• Claimants:
  • Tom de la Mare KC, Oliver Campbell KC, Gareth Shires, and Ravi Mehta (instructed by Leigh Day, PGMBM Law Ltd trading as Pogust Goodhead, Slater & Gordon UK Limited, Milberg London LLP, and Hausfeld & Co LLP)
• Defendants:
  • Mercedes-Benz Group AG & Others:
    • Helen Davies KC, James Purnell, Jonathan Scott, and Jack Castle (instructed by Herbert Smith Freehills LLP)
  • Volkswagen AG & Others:
    • Brian Kennelly KC and Rayan Fakhoury (instructed by Freshfields Bruckhaus Deringer LLP)
  • Ford Motor Company & Others:
    • George Peretz KC and Ben Phelps (instructed by McGuireWoods London LLP)
  • Nissan Motor Co Limited & Others:
    • Anneli Howard KC, Stephen Auld KC, and Simon Gilson (instructed by Hogan Lovells International LLP)

Key Facts

This litigation centers around claims from multiple groups of claimants against leading automobile manufacturers, including Mercedes-Benz, Volkswagen, Ford, and Nissan. The claimants allege that the manufacturers intentionally manipulated NOx emissions in their vehicles to pass regulatory tests, thus violating environmental standards. The case is part of a broader legal action known as the NOx Emissions Group Litigation, which includes claims related to fraudulent practices involving vehicle emissions.

Legal Issues

• Emissions Fraud:
  The main legal issue involves the manufacturers’ alleged use of defeat devices or other fraudulent means to lower emissions readings during official testing. This raises serious concerns about environmental damage and public health, as well as the ethical implications of these practices.
• Group Litigation:
  This case is a group litigation, meaning multiple claimants have joined together to pursue their claims against the defendants. The legal complexities surrounding such litigation include how to assess the claims individually while considering the broader systemic issues involved.
• Consumer Protection and Liability:
  The case also raises issues of consumer rights, fraud, and liability under UK and EU law, particularly concerning whether the claimants are entitled to compensation for the harm caused by the defendants’ actions.

Hearing Details

• The proceedings involve a detailed examination of the defendants’ practices, specifically focusing on whether the vehicle manufacturers intentionally misled regulators and consumers.
• This case has significant environmental and consumer law implications, with major ramifications for the automotive industry and emissions standards.

Observations

• The court is addressing the scale of the alleged fraud and its impact on both the environment and the affected consumers.
• The involvement of multiple large corporations and a diverse group of claimants highlights the complexity of the case, which will likely set important legal precedents for future environmental litigation.

Decision

The judgment, delivered on 14th November 2024, is expected to have significant implications for emissions regulation and corporate accountability. It will likely clarify the legal responsibilities of automobile manufacturers in ensuring compliance with environmental standards and the potential consequences for fraudulent emissions practices.