Call us today0800 160 1298
 
 

Advantage Litigation

Welcome to Advantage Litigation Services. We provide affordable access to commercial litigation.

  • Home
    Home This is where you can find all the blog posts throughout the site.
  • Categories
    Categories Displays a list of categories from this blog.
  • Tags
    Tags Displays a list of tags that have been used in the blog.
  • Bloggers
    Bloggers Search for your favorite blogger from this site.
  • Team Blogs
    Team Blogs Find your favorite team blogs here.
  • Login
    Login Login form

VW Group Litigation Claim Passes Major Hurdle

Posted by on in Uncategorized
  • Font size: Larger Smaller
  • Hits: 289
  • Subscribe to this entry
  • Print

An important decision has recently been in the UK’s Volkswagen group litigation claim that is good news for the 91,000 claimants who are seeking compensation from the German motor manufacturer.

The High Court in London has now ruled that Volkswagen did fit special software known as a ‘defeat device’ to a wide range of diesel powered vehicles. Such software allowed the engines to reduce its NOx emissions when it detected that the vehicle was being tested in line with EU emissions regulations. As soon as the vehicles so fitted returned to normal driving conditions on public roads, the defeat device was turned disabled resulting in actual, ‘real world’ NOx levels that were above the levels permitted.

The world’s largest car manufacturer, producing in excess of 10 million vehicles each year for markets spanning the globe, Volkswagen Group is alledged to have fitted defeat device software across all its major sub-brands, including VW, Audi, SEAT and Skoda.

Compensation Levels

The High Court judgement on the case, Crossley & ors v Volkswagen Atkiengesellschaft & ors, which covered two of the trial’s preliminary issues, said:

A software function which enables a vehicle to pass the test because (artificially) it operates the vehicle in a way which is bound to pass the test and in which it does not operate on the road is a fundamental subversion of the test and the objective behind it...in other words, it destroys the utility of the test because it makes it impossible for performance under it to be the approximation of normal driving conditions and performance which it is intended to be.”

Judge Mr Justice added that he was 'far from alone in this conclusion', citing the German Federal Motor Transport Authority and ‘numerous courts’. The next step for the court will be to determine the losses payable to the UK claimants, who are being represented by Leigh Day and Slater & Gordon. In commenting on the decision, a spokesperson for Leigh Day said:

We hope that Volkswagen accepts the court’s decision and we urge them to now do the right thing and put their customers first by entering into settlement negotiations so that our clients are not forced to drag VW through the courts and be faced with further years of litigation to determine their losses.”

Following the High Court decision, a Volkswagen Group spokesperson said that the company would now ‘carefully consider’ an appeal. They added:

While Volkswagen is disappointed that the outcome was not in our favour, the judgment relates only to preliminary issues. To be clear, today’s decision does not determine liability or any issues of causation or loss for any of the causes of action claimed. These remain to be determined by the court as the case continues. Volkswagen remains confident in our case that we are not liable to the claimants as alleged and the claimants did not suffer any loss. We will continue to defend our position robustly. Nothing in this decision today changes this. We look forward to making progress with defending the remainder of the case…Volkswagen is considering carefully the grounds on which it may seek to appeal today’s decision."

 

Commercial Litigation Funding

If you are thinking about taking legal action against another individual or company but are worried about the costs involved, Advantage Litigation Services have the skills and expertise to help you find a way of funding commercial litigation without risking your personal finances or those of your business. Click here to contact us today or call 0800 160 1298 to see how we can help.

Get in touch

  1. Your Name(*)
    Please let us know your name.
  2. Your Email(*)
    Please let us know your email address.
  3. Company Name(*)
    Please write a subject for your message.
  4. Your Phone Number
    Invalid Input
  5. Message(*)
    Please let us know your message.
  6. Anti-Spam, please enter the characters shown
    Anti-Spam, please enter the characters shown
    Invalid Input

Latest News

  • New data recently published by the The Solicitors Regulation Authority’s (SRA) has revealed that complaints made against law firms in the UK have seen a 9% increase based on the previous year. The new data, based on the most recently available figures for 2019, show that there were just under 30,900 ‘first tier’ complaints received, compared to just under 28,300 in 2018. Legal sector analysts have suggested that new changes in transparency laws, introduced at the end of 2018, may have contributed to the higher numbers with law firms now being compelled to publish details of how and when their clients lodge complaints. Overall, Law firms managed to resolve 80% of all complaints themselves, slightly less than 2018 but a big improvement on 2012 data where 71% of complaints were resolved without recourse to the regulator or formal legal proceedings. Delays, advice... Read More

  • Business at all levels is underpinned by contracts. These can range from simple verbal agreements for low value transactions through to complex and detailed written agreements between corporations and governments. To save on the risk of future avoidable legal actions, writing a contract that is suitable for the transaction or agreement is key. A contract is a pledge, between two or more parties (be they individuals or organisations), that is legally binding. It is designed to the fulfilment of commitment in exchange for something of value. Whilst some contracts may be made verbally, there are some that must be in writing, such as for a property transaction. Contracts – why are they important? A contracts is designed to make sure that ensure that your position and interests are protected by law and that both parties understand that there is a clear and... Read More

  • As part of the UK government’s attempts to speed up the processing of claims that have been affected by the Covid-19 pandemic, the Ministry of Justice (MOJ) has recently announced the location of the first ten temporary courts.Dubbed ‘Nightingale Courts’ after the emergency intensive care hospitals that were set up in record time during the pandemic’s peak, the new, temporary will hopefully be finished and in use by the end of August. The first such court, at East Pallant House in Chichester, Sussex, is due to open by the start of next week. The new locations opening soon are: • East Pallant House, Chichester – for civil litigation and family cases• Hertfordshire Development Centre, Stevenage – for civil cases• Cloth Hall Court, Leeds – civil trial work and Business and Property cases• Middlesbrough Town Hall – initially civil hearings, later to... Read More