Diesel emission claims
Have or had a diesel car made between 2009 and 2020? Should you join the millions who have signed up to legal claims?
If you've had a diesel car or van in England or Wales that was made between around 2009 and 2020, you should decide NOW whether to join a group legal claim over emissions. Key deadlines for new claims are coming up soon – so if you're thinking about joining, you may not have long left.
We've key info below, including a firm-by-firm breakdown of legal claims you can join and the pros and cons of doing so. (See specific info below if you bought or leased your car in Northern Ireland or Scotland.)
This article covers a developing – and complicated – area, and doesn't constitute legal advice.
Please let us know if you've feedback or questions we've not answered below by emailing news@moneysavingexpert.com.
What are these claims about?
This issue began when Audi and Volkswagen (VW), which are both part of the VW Group, faced regulatory action over some of their diesel cars in the US in 2015. The controversy, which became known as 'Dieselgate', has since grown to include other vehicle manufacturers.
The group legal claims allege, broadly, that the carmakers used illegal 'defeat devices' in their diesel vehicles to cheat the tests done by regulators to check their emissions levels, before approving vehicles for sale.
Law firms argue that affected cars and vans produce more harmful nitrogen oxide (NOx) pollution than advertised – and were therefore mis-sold to consumers.
In other words, you could be due money back because:
- You'd never have bought the vehicle had you known about the alleged emissions flaws.
- You paid more for it than you otherwise would have. For example, because you paid a premium for what you thought was a more environmentally friendly car, whether new or second-hand.
- If the car or van had to be fixed to comply with emissions standards, the fix itself may have led to worse fuel efficiency or worse performance – potentially lowering its value or creating added costs, for which you may be able to claim damages.
Of course, the manufacturers disagree – for example, Mercedes says the claims are "without merit". It'll be for the courts to decide who's right.
If you sign up, the law firm may add your name to one of the claims outlined below.
Claim progress
Updated. Sign-up deadlines coming up for many claims
Between December 2023 and March 2024, several court hearings were held involving the claims of some 1.2 million people against 16 car manufacturing groups. The hearings aimed to simplify the management of the claims, reduce costs and delays, and ensure the efficient use of court resources.
Following these hearings, the High Court set formal cut-off dates for new claimants joining the diesel emission cases – some of these deadlines have now passed, while others are coming up later this year.
Crucially, however, individual law firms have set their own, earlier deadlines to ensure they can gather the right information to present to the court – we've listed these in the table below.
If you don't sign up in time, you may not be able to bring your claim and you could miss out on any compensation you may be due – so don't hang about if you think you have a case (though do read the pros and cons first).
Manufacturer | Firms still accepting new sign-ups & their deadlines |
Audi (non-EA189 engine) |
Deadline passed but can register interest |
BMW | Deadline passed but can register interest |
Chrysler | Deadline passed but can register interest |
Citroën | Bingham Long
|
DS | Bingham Long
|
Fiat | Deadline passed but can register interest |
Ford | Deadline passed but can register interest |
Hyundai | Bingham Long
Pogust Goodhead |
Jaguar | Deadline passed but can register interest |
Kia | Bingham Long
|
Land Rover | Deadline passed but can register interest |
Mazda | Pogust Goodhead 4 November 2024 |
Mercedes | Deadline passed but can register interest |
Nissan | Deadline passed but can register interest |
Peugeot | 5 December 2024 29 November 2024 28 November 2024 4 December 2024 |
Porsche (non-EA189 engine) |
Deadline passed but can register interest |
Renault | Deadline passed but can register interest |
Seat (non-EA189 engine) |
Deadline passed but can register interest |
Skoda (non-EA189 engine) |
Deadline passed but can register interest |
Suzuki | Deadline passed but can register interest |
Vauxhall | Deadline passed but can register interest |
Volvo | 11 December 2024 7 November 2024 16 November 2024 31 October 2024 |
VW (non-EA189 engine) |
Deadline passed but can register interest |
Audi, Seat, Skoda & VW (EA189 engines) – settled out of court in May 2022
Case background
In 2015, the VW Group, which owns the Audi, Seat, Skoda and VW brands, faced widespread controversy over the way that software used in some of its Audi and VW diesel vehicles reported emissions while undergoing testing.
Legal action was brought against the VW Group and, in May 2018, the High Court granted a 'group litigation order' to lawyers from Leigh Day, Pogust Goodhead (formerly PGMBM), and Slater and Gordon, which were representing over 90,000 vehicle owners in England and Wales, meaning that all claims were managed together.
Following an initial hearing in December 2019, the High Court ruled in April 2020 that VW had installed a 'defeat device' into a certain type of VW diesel engine – EA189 – used in various Audi, Skoda, Seat and VW vehicles.
This device allowed the engines to recognise when they were being tested for compliance with NOx emissions standards and reduce their emissions accordingly, while producing higher levels of emissions in normal driving conditions on the road.
Settlement reached
The case was settled out of court in May 2022 for £193 million, with VW Group also making a separate undisclosed contribution to claimants' legal costs. It's not clear how much individual claimants got after all fees and costs were deducted – the law firms involved say this is confidential due to the terms of the settlement.
VW had previously denied anyone lost out financially and continues to insist that the settlement does not amount to any admission in respect of "liability, causation or loss" but was simply "the most prudent course of action commercially".
While this original claim has now concluded, owners of certain other Audi, Seat, Skoda and VW vehicles may be able to sign up to different group actions (see our firm-by-firm breakdown above).
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Eight things to consider before joining a claim
While some law firms' marketing may make signing up look like a no-brainer, it's important to note that, as with all legal action, there are some serious pros and cons to weigh up. Here are the main points to consider...
-
It would be almost impossible for you to bring a claim like this on your own – so if you believe you're owed, this may be the only option
These are complex legal proceedings which require technical expert opinion to establish facts, and if you were to try to bring a claim yourself, the costs would likely dwarf any damages, plus you'd risk having to pay the other side's legal costs.
So while we'd normally urge you to steer clear of firms that will take a cut of any compensation, in this instance if you do want to make a claim, joining a group legal action may be the only viable option – though even then, there's no guarantee of winning.
Quick question
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This is for vehicles first registered between around 2009 and 2020 – even if you no longer lease or own them
Different firms sometimes have different cut-offs but, in general, vehicles made from about 2009 to about 2020 by roughly 20 brands are included in the current legal actions.
You can sign up to claims for more than one vehicle (but don't register the same vehicle with more than one law firm).
Law firms may well take you on if:
- You leased or bought the vehicle on finance.
- You bought it new or second-hand, regardless of who you bought it from.
- You no longer own the vehicle.
- You intend to claim for a company car, provided the contract was in your name.
But you WON'T be considered for a claim if you bought the vehicle outside of the UK.
Quick questions Bought your diesel car or van on finance before 28 January 2021? You could be due £1,000s back under a new, separate reclaim. Billions of pounds of overcharged interest could be paid back to millions of people after regulator the Financial Conduct Authority launched a major investigation into hidden, unfair car finance commission.
Use our FREE Car finance reclaim guide and tool to check if you're affected, read answers to the most frequently asked questions and log your complaint.
- You leased or bought the vehicle on finance.
-
It's quick and easy to check if you can join a claim
If you decide you want to sign up, you can check if a law firm is likely to take on your claim by using the simple, free tools on law firms' websites, which we've linked to in our firm-by-firm table below.
Once you're on the firm's website you might need to click through to the specific page on your vehicle's manufacturer to type in your car or van's registration number. You'll then be told instantly if it's one of the models potentially affected.
-
Signing up is free – but not risk-free
As these are 'no win, no fee' legal claims, you won't have to pay anything upfront to join any of them, though if you do join and the claim is successful, somewhere between a third and a half of the payout will go to the law firm.
If a claim ISN'T successful, you're unlikely to have to pay anything, but it's not impossible. If a court ruled in favour of the manufacturer you could technically be liable for its legal costs. In practice, this would likely be covered by the law firm's 'ATE' or 'after the event' insurance – but the cover will be capped, so it's not bulletproof.
We aren't able to verify whether firms have this cover – but all those listed in the table below told us that they have, or will take out, sufficient ATE cover to protect you from having to pay legal costs.
-
Payouts might end up being £1,000s – but compensation is NOT guaranteed and some of the figures quoted are fiercely disputed
Group legal action claims of this kind are largely untested in the English and Welsh courts and there's no guarantee any of the current claims will be successful.
Law firms say that, if the claims are successful, drivers could get several thousands of pounds each in compensation because they paid too much for vehicles that didn't meet emissions standards.
And some firms may try to persuade you to sign up with the prospect of an even bigger payout – for example, law firm Pogust Goodhead suggests you might be able to claim up to £10,000 for a Mercedes.
But most lawyers we've spoken to told us any payouts aren't likely to be this high in reality. For one thing, it's possible that any case could be settled out of court for a fraction of the original claim value.
And of course the court will have to look at the actual financial loss each individual claimant has suffered as a result of the manufacturer's alleged wrongdoing (for example, did they actually pay more than they otherwise would have for the vehicle). This will be subject to thorough scrutiny and argument.
As a result, even if the case proceeds to trial and the claim is successful – and that's a big if – the amount awarded by a court may be much lower than the initial amount asked for. So don't assume that taking part means you're in line for a big payout.
-
Claims could take up to five years – or even longer
One of the law firms involved says cases of this type may take five years or longer to progress through court.
As an example, in the original VW Group case, claims were first grouped together by the court in May 2018, but the case was only due to go to trial in January 2023, before a settlement was reached in May 2022. (And had it gone to court, proceedings might've stretched out even further through potential future appeals.)
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If you get the paperwork but then get cold feet about joining the claim, you've 14 days to withdraw penalty-free – after that, you could have to pay legal costs
All the firms listed below give you 14 days to cancel the agreement without having to pay anything. You may want to use this time to review any paperwork sent after you signed up to the firm's services. Don't skip over this – make sure you understand the small print and you know what you've signed up for.
If you're unsure about any aspect of the agreement you've entered into, ask the law firm involved to clarify. And if you change your mind, just let the firm know you want to cancel in writing. As long as you do so within 14 days, you won't be charged a penny.
However, if you sign up to a claim and withdraw after the first 14 days, in some cases you may be liable for legal costs – depending on the firm's terms and conditions and how far your case has progressed.
It's impossible to put a precise figure on this, but it could potentially run into the hundreds or even thousands of pounds – it's likely to depend on how long after signing up you withdraw, and the amount of work the law firm's carried out on your behalf. So, to be on the safe side, only sign up if you're committed to seeing the case through.Note that the firm you sign up with is likely to ask for more information or paperwork as the case progresses. You're very unlikely to have to attend court or even provide a full witness statement but you will have to provide copies of proof of ownership documents, such as your purchase/lease invoice or any finance agreement you took out.
-
Important – only sign up if you genuinely believe you have a case
This is likely to be linked to you suffering some kind of financial loss – for example, perhaps you paid more for the vehicle than you otherwise would have or you wouldn't have bought it at all had you known about the alleged emissions flaws. Or maybe you sold it on, but got less for it than you would have had it not been affected.
Some firms may ask you about this directly – for example, as part of its registration process, Pogust Goodhead asks you to confirm, among other things, that: "You would not have acquired your vehicle, or would have paid less for it, if you had known that it was fitted with emissions cheating software."
If you're not sure, talk to the law firm directly. It's worth doing this before you sign up, since you'll need to co-operate with the firm handling your claim on an ongoing basis and may even have to pay costs if you drop out.
Ultimately though, if you've done all the checks and believe you were mis-sold, the downsides to joining a claim seem relatively limited. If you later drop out or change your mind, you may be liable for legal costs, as we say above. But the risk of losing money – while not impossible – is slim.
How to join a claim – firm-by-firm overview
Generally, you can sign up if you bought, leased or financed an affected diesel vehicle – either a car or van – during the relevant period. We've put together the table below summarising the group claims several law firms are working on in England and Wales and some of their key terms.
DON'T sign up with more than one firm over the same vehicle. If you do, it's possible your claim will be issued at court more than once. This could be considered an abuse of the process and could leave you liable for legal costs. You may also be liable for costs if you have to cancel your agreement with one firm because you signed up with another.
Important: Law firms are tricky to compare. Our focus here is on the overall claims process rather than analysis of individual law firms – which is not our strength or expertise. Plus, being frank, there's not a lot to go on given most of the claims haven't progressed very far.
For now, we've listed several firms in the table below – but we aren't recommending which to use.
Note that this is NOT a complete list. We've only included firms that we're aware are working on diesel emissions claims and that have provided us with information about their fees, insurance cover and cancellation policies.
If you've dealt with any of the firms, please give us your feedback in the diesel emissions claims forum thread or by email at news@moneysavingexpert.com.
Law firm & number of claimants (1) | Max fees (as a % of damages awarded) & manufacturers included (2) | Client review score (3) |
Working on claims and accepting new sign-ups |
||
58,000 |
40% + VAT + 'after the event' cover contribution:
|
No reviews on Feefo or Trustpilot |
Burys Solicitors 1,200 |
48% (including VAT & expenses):
|
No reviews on Feefo and only one on Trustpilot |
400,000 |
50% (including VAT) + legal expenses cover contribution (expected to be no more than £70):
- Citroën, Hyundai, Kia, Peugeot, Volvo |
Feefo: No reviews Trustpilot: 2.3 out of 5 (based on 100 reviews) |
16,000 |
40% + VAT: - Citroën, Peugeot, Volvo |
No reviews on Feefo or Trustpilot |
224,000 |
30% + VAT + expenses:
|
Feefo: No reviews Trustpilot: 4.5 out of 5 (based on 1,829 reviews) |
Pogust Goodhead 2.2 million |
50% (including VAT & expenses):
- Citroën, DS, Hyundai, Kia, Mazda, Peugeot, Volvo |
Feefo: 3.8 out of 5 (based on 428 reviews) |
No longer accepting new sign-ups |
||
Five firms we've previously listed – Hagens Berman, Keller Postman, Milberg London, Slater and Gordon and Venus Legal – were not accepting new sign-ups at the time of writing. |
The firm you choose won't necessarily affect the outcome of your case
Provided more than one firm launches proceedings against a given manufacturer (which seems likely), the claims against that manufacturer will be grouped together when they reach court.
This means that if the claims get to trial, your chances of winning won't rest solely on the firm you signed up with, but on all of the law firms working together.
However, the firm you choose will affect how much of any compensation awarded by the court you actually get to keep if the claim succeeds (or is settled out of court) – which is worth bearing in mind.
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What about Northern Ireland and Scotland?
If you bought or leased your vehicle in Northern Ireland or Scotland, you won't be able to join the claims in England and Wales – you can only join a claim in the country where you bought or leased the vehicle, regardless of where you live.
Northern Ireland
Currently, there are no firms we know of running diesel emissions group claims in Northern Ireland.
This could be because solicitors in Northern Ireland are not allowed to take cases on a 'no win, no fee' basis, which makes it trickier for claims to get off the ground. Or it could be that, because there are fewer potential claimants in the country, firms have less of an incentive to pursue a group claim – as the total value of this would be lower.
Either way, we are looking out for law firms launching claims and we'll update this guide if any emerge. In the meantime, if you come across one, please let us know.
Previously, a firm called Edwards & Co Solicitors was looking into claims against Audi, Mercedes, Seat, Skoda and VW, though it's no longer accepting new sign-ups and the status of the claims is unclear. Edwards & Co has so far not responded to our requests for an update, but if it does we'll add the info here.
Scotland
In Scotland, the legal mechanism making group actions possible only came into effect in 2020 – so most cases haven't progressed as far.
However, there was a significant development in the initial case against VW Group in December 2022 – see the full details below.
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What do the manufacturers say?
Here's what the carmakers involved in the cases have said:
- BMW Group, owner of the BMW and Mini brands, said: "BMW Group vehicles always comply with the necessary legal requirements and so the company categorically rejects any accusation that diesel emissions from their vehicles are manipulated in any way."
- Ford said: "As we said back in 2016, we did not and do not have what are commonly known as 'illegal defeat devices' in our vehicles, and our advanced diesel engines meet all applicable emissions requirements."
- Hyundai and Kia (Hyundai owns part of Kia) said: "All of the brand's vehicles sold in the UK and Europe comply with the emissions regulations in operation at the time of sale, and Hyundai and Kia have not infringed upon any European emissions testing rules."
- Jaguar Land Rover, owner of the Jaguar and Land Rover brands, said it "does not use emissions cheat devices or software in any of its products. We have not yet seen any technical evidence in relation to this matter and will strongly contest any claims made."
- Mercedes said: "We believe the claims brought by the UK law firms are without merit, and will vigorously defend against them or any group action."
- Nissan told us it "strongly refutes these claims. Nissan has not, and does not, use illegal defeat devices in any of the vehicles that it makes, and all Nissan vehicles fully comply with applicable emissions legislation."
- Renault said it "denies having committed any offence and reminds that its vehicles are not equipped with any rigging software for pollution control devices. Renault vehicles have all and always been type-approved in accordance with applicable laws and regulations."
- Stellantis, owner of the Citroën, DS, Peugeot and Vauxhall brands, said: "These claims are unfounded and we will defend ourselves against them."
With regards to claims against the Chrysler and Fiat brands, which it also owns, Stellantis said: "We believe this claim to be totally without merit and we will vigorously defend ourselves against it."
- Volvo said: "Volvo Cars has never used any illegal defeat devices in any of its cars."
- VW Group, owner of the Audi, Porsche, Seat, Skoda and VW brands, said: "The Volkswagen Group continues to hold the view that these claims are not justified and we regret that they have been made in the first place. We have instructed our solicitors to defend them robustly.
"We take these allegations very seriously and make no acceptance of them or admission of liability, and nor do we accept that customers have suffered any financial loss in respect of the vehicles."
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