A decision from the High Court has removed a key hurdle for claimants seeking to hold car manufacturers accountable for the use of prohibited defeat devices in diesel vehicles. In a ruling that has significant implications for the wider automotive industry, the court determined that the German car regulator, the Kraftfahrt-Bundesamt (KBA), cannot bind English courts on whether defeat devices are present in vehicles approved by the regulator. This ruling ensures that consumers in England and Wales can pursue legal action against car manufacturers, including Mercedes-Benz, without being constrained by the KBA’s decisions on vehicle compliance.
The case primarily focused on Mercedes-Benz vehicles, but its impact extends to all claims within Pogust Goodhead’s My Diesel Claim portfolio, reinforcing consumer rights and ensuring that manufacturers are held accountable for compliance with emissions regulations. The court also ruled that “voluntary updates” carried out by manufacturers to remove defeat devices were unlawful. These updates, which were allegedly conducted secretly and without proper regulatory oversight, were done without informing customers, further demonstrating manufacturers’ lack of transparency in addressing the issue. The court's ruling confirmed that some Mercedes-Benz vehicles were equipped with prohibited defeat devices at the time of manufacture, as evidenced by the KBA’s mandatory recall orders in Germany.
This ruling represents the first of its kind against a car manufacturer in the UK and is a big step in the ongoing battle to expose the intentional manipulation of emissions regulations through the use of defeat devices. It has set a crucial precedent for future cases and will play an important role in the Prohibited Defeat Device (PDD) Trial scheduled for October 2025. This trial will investigate whether other manufacturers, including Ford, Nissan/Renault, and Citroën/Peugeot/DS, used similar devices in their diesel vehicle fleets. With this decision, the court has taken a strong stance on ensuring that consumers are protected and that manufacturers are held accountable for their role in the Dieselgate scandal.
This judgment is seen as a victory not just for British consumers but for all those affected by the issue. It is more important than ever that car manufacturers step up and take responsibility, especially in the face of the current cost of living crisis. It is hoped that this ruling will push manufacturers to clean up their vehicles and make things right for the people they have wronged.