In September 2015 it was revealed that some Volkswagen Group vehicles fitted with EA189 diesel engines contained software that artificially reduced NOx emissions and enabled the vehicles to allegedly “cheat” emissions tests.
Leigh Day are the joint lead solicitors in a group claim on behalf of over 90,000 owners of EA189 vehicles which is ongoing in England and Wales (the “EA189 group action”). 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 Leigh Day’s ongoing involvement in the case means that they are unable to take on further claims for Volkswagen Group vehicles that are fitted with EA189 engines.
Since 2015, the German Federal Motor Transport Authority (the KBA) has issued further recalls of some Audi, Porsche, Volkswagen and Volkswagen Commercial vehicles to remove what the KBA has described as “impermissible defeat devices” , “impermissible shut down devices” or “prohibited shut down devices”. In the UK, some Porsche vehicles have also been recalled. In May 2019, Porsche, which is part of the Volkswagen Group, was fined £459 million by German prosecutors for cheating diesel emissions tests after finding “negligent breaches of supervisory duties” at the company.
Following these additional allegations, Leigh Day is investigating a second group claim against the Volkswagen Group arising from the emissions irregularities which have been identified in some Porsche, Audi, and other Volkswagen Group diesel vehicles.
As with the EA189 vehicles, Leigh Day believe that these vehicles are likely to be fitted with software which is unlawful under UK law. They are intending to bring legal claims on behalf of current and former owners and lessees of the affected vehicles.
This second group claim excludes Volkswagen Group vehicles fitted with EA189 diesel engines.
Leigh Day’s investigations into the vehicles that are likely to form part of this group claim are ongoing. They understand that the following vehicles maybe subject to recall either in the UK or by the KBA:
They also believe that some other Audi, Volkswagen, SEAT and Skoda vehicles fitted with EA288, EA897, EA898 and 4.2l V8 engines may be affected. Owners of vehicles fitted with EA189 diesel engines are unable to join this claim.
Please note that the above list is not a definitive list of all affected vehicles. Leigh Day’s investigations are ongoing, and the above list is subject to change as further information emerges.
If you believe that your vehicle may qualify, please complete our form by clicking the button at the bottom of the page.
Leigh Day are investigating the following Volkswagen Group brand vehicles as part of this claim:
In May 2022 an out of court settlement was reached in the EA189 group action with the Volkswagen Group agreeing to pay £193m to the claimants in the group action. No admissions in respect of liability, causation or loss have been made by any of the defendants in the group action as part of the settlement.
Volkswagen has also settled class actions proceedings relating to the EA189 vehicles in the US, Australia and Germany.
Volkswagen has also settled US class action proceedings relating to some 3.0l Porsche Cayenne; Volkswagen Touareg, and Audi vehicles.
Leigh Day have secured funding from commercial providers to ensure they have the resources available to instruct the best experts and barristers, and to have a large enough legal team to ensure that our clients get the best service possible. They have also secured insurance to protect claimants from having to pay the defendants’ costs if the claim is unsuccessful.
Leigh Day will be bringing these claims on a ‘No Win-No Fee’ basis. This means that they will deduct up to 35% (inclusive of VAT) of your damages if the claim is successful, but if the claim is lost you will not have to pay anything. The success fee, the insurance premium and the funders’ fees will never be more than 35% of your damages. The deduction from your damages is dependant upon the number of clients who instruct us to act on their behalf, and so it is possible that it may be less 35%.
Yes, provided you bought a vehicle Leigh Day are currently investigating as part of this claim you can join this group action. The finance agreement should name you as the contracting party to the agreement.
Yes, provided your vehicle is one of the vehicles Leigh Day are investigating as part of the group action, you can bring a claim. The types of claim that Leigh Day can bring on your behalf will depend upon who is named as a party to the agreement for the supply of the vehicle.
Yes, if the contract is in your name and the vehicle is one of the vehicles we are investigating as part of the group action, you can bring a claim.
Yes, provided it can be confirmed that your vehicle is one of the vehicles Leigh Day are investigating as part of the group action. You will need to check your vehicle registration number and they will ask you to provide us with your vehicle purchase documents.
No, it does not matter where you bought your vehicle from as long as it was bought in England & Wales.
You are eligible to bring a claim against the manufacturer whether you bought your vehicle from a showroom, from a private seller or from an independent dealer.
The types of claim Leigh Day can bring will depend on the date of purchase and from whom the car was bought. Details of the different types of claim are set out in the sign-up documents.
Yes. Affected vehicles which were leased or purchased from Motability are eligible to join the claims.
There are a number of possible legal claims a vehicle owner could pursue in relation to their vehicle. It may be that, as a result of how you leased your vehicle, we only advise you to pursue some types of legal claim, and not others. If you have your Motability documents, please keep these somewhere safe until we request a copy.