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Volkswagen emission claims

Leigh Day are joint-lead lawyers in the NOx emissions litigation on behalf of over 90,000 Volkswagen, Audi, SEAT and Skoda owners

Leigh Day are the joint lead solicitors in a group claim being brought on behalf of Volkswagen, Audi, SEAT and Skoda vehicle owners. The claim centres around diesel vehicles fitted with EA189 engines. The claimants argued that the affected vehicles are fitted with cheat devices which turned off the vehicles’ emissions control systems in test conditions, resulting in higher than permitted NOx emissions when being driven on the road.

In April 2020, the High Court found that software fitted to the EA189 vehicles was an illegal defeat device.  The defendants were denied permission to appeal the decision to the Court of Appeal.

Late in 2020, the claimants in the action amended their claim to include allegations that the “fix” applied by Volkswagen to remove the offending software, was another defeat device (called a “thermal window”) which means that “fixed” vehicles only comply with the emissions standards at temperatures  of between 15°C and 32°C. The EA189 group action is listed for trial in early 2023.

The deadline to join the EA189 group action closed in 2018, and our ongoing involvement in the case means that we are unable to take on further claims for Volkswagen Group vehicles that are fitted with EA189 engines.