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UK High Court Rules Most Diesel-Emission Claims Unfounded, Leaves Two Manufacturers Liable

7/11/2026, 11:24:51 AM

Core Event

On 10 July 2026 the High Court delivered a 369-page judgment in the largest group-action trial in English legal history. Claimants—about 1.6 million motorists who bought diesel vehicles from 2009 onward—sought redress for alleged “prohibited defeat devices” that altered emissions during laboratory tests. The case examined 20 sample cars from Mercedes-Benz, Ford, Renault, Nissan and Peugeot-Citroën. Lady Justice Cockerill concluded that, in the majority of instances, the strategies employed did not constitute prohibited defeat devices, but identified one Mercedes and certain Peugeot-Citroën technologies that could be classified as such.

Background & Context

The litigation follows the 2015 “dieselgate” scandal, when the U.S. Environmental Protection Agency exposed Volkswagen’s software that reduced nitrogen-oxide (NOx) output only during testing. That revelation spurred worldwide scrutiny of diesel emissions and prompted UK motorists to pursue collective action against multiple manufacturers.

Data & Statistics

  • 1.6 million UK car owners joined the claim.
  • 20 vehicles (four per manufacturer) were examined.
  • The Centre for Research on Energy and Clean Air estimated excess NOx from diesel cars caused 124,000 premature deaths and 98,000 new childhood asthma cases in the UK and Europe between 2009 and 2024.

Why It Matters / Impact

The judgment narrows the legal definition of a defeat device in Britain, diverging from EU case law that has taken a broader view. If the court’s narrower interpretation holds, future emissions-related claims may face higher evidentiary hurdles, potentially limiting compensation for affected drivers and influencing how manufacturers design emissions-control software.

Official Statements & Responses

Mercedes-Benz welcomed the ruling but disputed the finding that one of its vehicles was non-compliant before a 2015 software update, saying the functionalities are “justifiable on both technical and legal grounds” and that it is “actively considering all of our available options, including a potential appeal.” Stellantis, owner of Peugeot-Citroën, announced it is also weighing an appeal. Nissan and Renault reiterated that their technologies do not meet the legal definition of defeat devices. The Department for Transport acknowledged the decision and confirmed its investigation into emissions-control practices continues.

Criticism & Opposition

Leigh Day described the outcome as “disappointing,” warning that it creates a “significant divergence between the legal position in Great Britain and much of Europe.” Senior partner Martyn Day added that the court “surprisingly disagreed with the established EU case law on what a defeat device is.” Pogust Goodhead’s Anna Varga noted the judgment “does not bring this litigation to an end” and highlighted the narrower legal interpretation. Campaign group Mums for Lungs called the verdict a “setback,” stressing that “the scientific consensus … that these diesel cars are toxic” remains unchanged.

Conflicting Reports & Gaps

Lady Justice Cockerill warned that “if an alternative approach to the meaning of ‘defeat device’ were taken, a larger number of defeat devices would be established, including devices in each of the lead manufacturers’ cars.” The court’s analysis also admitted that “testing… is difficult to interpret” and that no method perfectly isolates the effect of a specific calibration on NOx emissions, leaving uncertainty over the full scope of non-compliant technologies.

Verbatim Quotes

  • “In the majority of instances, the Court found that the relevant strategy did not constitute a prohibited defeat device.” — Lady Justice Cockerill
  • “Not every calibration or emissions-control strategy amounts to a defeat device.” — Lady Justice Cockerill
  • “Senior partner Martyn Day said: “The high court has found that despite their denials, other manufacturers also used VW-style defeat devices.” — Martyn Day, Senior Partner, Leigh Day
  • “James Oldnall, managing partner at Milberg, which represented some of the claimants, said: "We are pleased that the court has ruled that Mercedes installed illegal defeat devices, just like Volkswagen back in 2015.” — James Oldnall, Managing Partner, Milberg

What’s Next

A further trial is scheduled for October 2026 to determine damages and other remedies for the manufacturers found to have used unlawful defeat devices. Both Mercedes-Benz and Stellantis have indicated they may appeal the findings before that hearing.