Trial begins in High Court following Volkswagen emissions scandal
A two week trial against Volkswagen over allegations of emission cheat devices being attached to Volkswagen cars purchased in the UK will begin on Monday 2 December 2019 in the High Court, in London.
Posted on 01 December 2019
Law firm Leigh Day are joint lead solicitors in the case, alongside Slater & Gordon, which is being brought on behalf of approximately 91,000 UK VW vehicle owners, and is described as the largest group action to come before the English courts.
Mr Justice Waksman who is presiding over the case will be asked to decide whether the findings of the EU type approval authority (KBA) and the UK Vehicle Certification Agency (VCA) that affected vehicles were fitted with the “prohibited defeat devices” (in circumstances where Volkswagen had not appealed the decisions) are binding on the High Court of England and Wales.
He will also consider whether test cycle detection software fitted in affected cars constituted a defeat device within the meaning of the regulations.
The scandal first broke in September 2015 and despite the findings of US and various European courts that Volkswagen cars with EA189 engines were fitted with emissions cheating software.
VW CEO Martin Winterkorn has said that he was “endlessly sorry” for the diesel emissions scandal, Volkswagen continue to deny liability in the UK.
Shazia Yamin from the Product Safety and Consumer Law team at Leigh Day said “After four years, I look forward to our clients having their day in court. They believe that Volkswagen not only misled customers but that they also endangered public health with their blatant disregard for safe NOx emission levels and should be held to account” “If the claimants are successful at this Preliminary Issue Trial, the litigation will not be concluded, as they will need to fight on to establish the losses that they suffered.”
The trial begins on Monday 2nd December 2019 in Court 26 of the Rolls Building, Fetter Lane, London.
Mr Justice Waksman who is presiding over the case will be asked to decide whether the findings of the EU type approval authority (KBA) and the UK Vehicle Certification Agency (VCA) that affected vehicles were fitted with the “prohibited defeat devices” (in circumstances where Volkswagen had not appealed the decisions) are binding on the High Court of England and Wales.
He will also consider whether test cycle detection software fitted in affected cars constituted a defeat device within the meaning of the regulations.
The scandal first broke in September 2015 and despite the findings of US and various European courts that Volkswagen cars with EA189 engines were fitted with emissions cheating software.
VW CEO Martin Winterkorn has said that he was “endlessly sorry” for the diesel emissions scandal, Volkswagen continue to deny liability in the UK.
Shazia Yamin from the Product Safety and Consumer Law team at Leigh Day said “After four years, I look forward to our clients having their day in court. They believe that Volkswagen not only misled customers but that they also endangered public health with their blatant disregard for safe NOx emission levels and should be held to account” “If the claimants are successful at this Preliminary Issue Trial, the litigation will not be concluded, as they will need to fight on to establish the losses that they suffered.”
The trial begins on Monday 2nd December 2019 in Court 26 of the Rolls Building, Fetter Lane, London.
Profile
Shazia Yamin
Shazia specialises in large-scale product liability litigation on behalf of consumers
Landing Page
Consumer, competition and financial services claims
See how our leading UK consumer law lawyers can help