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High Court Largely Dismisses Pan‑NOx Defeat‑Device Claims but Rules Against Mercedes and PeugeotCitroën

The judge applied a narrow post‑Brexit test for prohibited defeat devices and left remedies and damages for an October trial while parties consider appeals.

Overview

  • The High Court rejected most of the principal claims in the Pan‑NOx group litigation that about 1.6 million UK owners of Euro 5/6 diesel cars were fitted with illegal 'defeat devices'.
  • Lady Justice Cockerill adopted a tight legal test that requires a device to sense test conditions and be intended to make emissions controls work better in tests than in normal driving.
  • The court made targeted adverse findings: a coolant‑temperature setpoint in a Mercedes sample (remedied by a December 2015 software update) and a split‑injection strategy in some PeugeotCitroën Euro 5 cars were ruled unlawful.
  • Both claimants and some manufacturers have signalled they are assessing the judgement and may seek permission to appeal, and a further trial is listed for October 2026 to decide damages and remedies.
  • This ruling creates a possible UKEU divergence because the judge declined to follow several post‑Brexit CJEU decisions, a legal split that could shape how future UK diesel emissions claims are decided and affect motorists seeking redress.