The Pan-NOx PDD Trial continues to progress through the High Court, with the first three weeks setting the foundation for what will be one of the most significant emissions-related cases ever heard in the UK. Below is a summary of the key developments so far.
Week 1 (13th – 16th October)
The first week was dedicated to Opening Submissions, beginning with the Claimants, followed by the five Lead Defendant Manufacturers.
Opening Submissions give each party the opportunity to introduce their case and outline the key themes that will shape their evidence. This stage is not intended for detailed legal argument, but rather to set the stage for the evidence and submissions that will follow in the coming weeks.
Week 2 (20–23 October)
Week two saw both parties call their first expert witnesses and cross-examine their opponents’ witnesses. The focus was on defining the conditions “reasonably likely to be encountered in normal vehicle operation and use” - a central issue in identifying prohibited defeat devices in the Defendants’ vehicles.
Both the Claimants and Defendants presented expert evidence on what constitutes normal driving conditions and how these affect Nitrous Oxide (NOx) emissions. This included analysis of data on typical driving behaviour such as speed and acceleration.
The Court also heard expert climatology evidence examining how different environmental conditions - including temperature, altitude and season - can influence vehicle emissions.
Week 3 (27–30 October)
This week marks the first phase of manufacturer-specificevidence, beginning with Mercedes-Benz.
The Claimant counsel team will set out their case outlining why they believe prohibited defeat devices were used in Mercedes vehicles, referencing evidence from sample vehicles.
The Court will also hear submissions and expert evidence related to software and hardware which the Claimants will use to set out their case on the existence of prohibited defeat devices.
Johnson Law Group will continue to provide regular updates as the Pan-NOx PDD Trial progresses, highlighting key developments and evidence as they emerge.
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