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. The last few 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. Last few sign-up deadlines coming up
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 – most of these deadlines have now passed, with the last few coming up before the end of the 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 |
|---|---|
- Citroën - Peugeot | Bingham Long |
- DS | Bingham Long |
- ALL OTHER MANUFACTURERS | Deadlines passed but can |
New. Mercedes case update
There was a major development in the case against Mercedes on Thursday 14 November, with the High Court ruling against the manufacturer on a specific point of law.
Mercedes had argued that certain decisions by German regulators meant the claims in England and Wales could not go ahead – but the court rejected this argument. As a result, the case against Mercedes can proceed to trial, which is currently scheduled for October 2025.
Tom Goodhead, chief executive and managing partner of law firm Pogust Goodhead, said: "This is a huge victory for British consumers as it will allow British courts and regulators to check whether these diesel car manufacturers complied with the law on emissions."
But a spokesperson for Mercedes said the firm still believes that the claims are "without merit" and that it would defend itself against them "vigorously".
New. Government investigation launched
Following reports in the press, the Government has confirmed that it's investigating certain car models over suspicions that they may have cheated emissions tests.
This could lead to some diesel cars eventually being recalled – though it's still early days, and the Department for Transport (which is running the investigation) has refused to provide more details about which models it's looking at or when we can expect an outcome.
As a result, it's unclear how this investigation might impact the ongoing legal claims against the various car manufacturers – law firm Leigh Day told us that any impact would "depend on the timing and the scope of the investigation", which remains to be seen.
New. What happens next?
Now that most of the claims have closed to new sign-ups, the law firms involved will be focusing on preparing their evidence and arguments for court.
Over the coming months, there will be several case management hearings – these aim to nail down the key issues to be decided at trial, as well as setting out various deadlines for the claims.
If you've signed up to a claim, it's important to continue to provide any information or documentation requested by your chosen law firm. Otherwise, the firm may not be able to progress your case.
The first big trial, covering Citroën, Ford, Mercedes, Nissan, Peugeot, and Renault is scheduled to take place in October 2025. This is where the court will decide whether these carmakers broke the law, and whether consumers are due compensation. We should hear more about this in the early part of next year.
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).
Quick questions
This settlement only covers the approximately 90,000 claimants who were already part of the group legal action against VW Group in respect of certain vehicles with the EA189 engine.
If you're one of them, the law firm you were signed up with – Leigh Day, Pogust Goodhead (formerly PGMBM) or Slater and Gordon – should have contacted you about the next steps, including payments. But, as ever, be wary of unsolicited contact asking for personal or bank details. If in doubt, end the communication and contact the firm directly via the details on its website (links above).
This settlement has no direct bearing on any other cases (whether against VW Group or other manufacturers) since it reached a conclusion out of court – and therefore set no legal precedent. And there was no admission of liability on the part of VW.
It could have an indirect impact for other similar claims, potentially leading to more settlements, but it's impossible to say with any certainty, as the facts of each case will differ and different manufacturers may pursue different legal strategies.
Who's included in this settlement?
What does this settlement mean for other claims?
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...
1. 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 m
Quick question
This is one of the most common questions we've been asked since publishing this guide. The idea behind it is that you would wait until the existing claims have run their course and then use any court judgment against the manufacturer as a precedent to make a claim yourself – avoiding law firms and their fees altogether.
But if you're considering it, there are two important points to bear in mind first:
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The existing claims might be settled out of court. If that happens, as it did in the initial case against VW Group, no legal precedent would be set, meaning you'd have to start from scratch with your claim and would run into the same set of issues listed above.
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Any new claim might be 'out of time'. Legal claims are often subject to strict time limits known as 'limitation periods', meaning there are deadlines for when claims can be brought.
For example, where there's been a breach of contract, you normally have six years from the breach to bring a claim. Since the existing diesel emissions cases will probably take several years to play out in full, there will likely be some claims that won't be possible in the future.
Ultimately though, without a crystal ball, it's impossible to know whether it would be better to join a claim now or wait. And there are no guarantees either way – so if you think you have a case, you'll need to decide which approach to take.
Can I wait until the legal claims have concluded and then get compensation myself?
2. 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:
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You leased or bought the vehicle on finance.
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You bought it new or second-hand, regardless of who you bought it from.
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You no longer own the vehicle.
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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
When law firms first started investigating these claims a couple of years ago, some were asking people with vehicles from 2007 and 2008 to sign up. But more recently, most firms tend to say they're looking at vehicles from 2009 or later.
We asked Pogust Goodhead, one of the largest firms behind various diesel emissions claims, why this was. It told us that, as it investigated further, it discovered that vehicles made in 2007 and 2008 were less likely to be affected – so it shifted its messaging accordingly.
At least one firm, Johnson Law Group, is still accepting sign-ups for vehicles made in 2008 – so if you have an older vehicle, you can look into its claims. Of course, if your vehicle is ultimately found not to have been affected, you won't have a case and won't get any compensation.
The firm you signed up with should keep you updated and let you know if your vehicle is found not to have been affected by the emissions issues or if it can't progress your claim for any other reason.
Given these cases are dealt with on a 'no win, no fee' basis, you shouldn't have to pay anything if the firm decides not to take your case forward.
It could also be worth checking if you can sign up with another firm – though there are no guarantees. See our list of firms still accepting claims.
What about vehicles from before 2009?
I've already signed up to a claim for a 2007 or 2008 vehicle – what now?
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.
3. 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.
4. 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.
5. 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.
6. 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.)
7. 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.
8. 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) |
|---|---|---|
Bingham Long | 40% + VAT + 'after the event' cover contribution: - Citroën, DS, Peugeot | No reviews on Feefo or Trustpilot |
Burys Solicitors | 48% (including VAT & expenses): - Citroën, Peugeot | No reviews on Feefo and only one on Trustpilot |
Johnson Law Group | 50% (including VAT) + legal expenses cover contribution (expected to be no more than £70): | Feefo: No reviews Trustpilot: 2.4 out of 5 (based on 101 reviews) |
Law Room Solicitors | 40% + VAT: - Citroën, Peugeot | No reviews on Feefo or Trustpilot |
Pogust Goodhead | 50% (including VAT & expenses): | Feefo: 3.8 out of 5 Trustpilot (Pogust Goodhead): 4.1 out of 5 Trustpilot (My Diesel Claim): 1.2 out of 5 |
(1) Active and potential future claimants, including those who have simply registered their interest, based on latest figures provided by firms. (2) Fees will be taken as a percentage of any winnings (possibly with other costs and VAT on top). If the claim is successful, actual fees will depend on the exact terms of your agreement and could be lower – particularly if you have a 'damages-based agreement'. (3) Across all cases, not just diesel emissions. Figures accurate at time of writing.
Six firms we've previously listed – Hagens Berman, Keller Postman, Leigh Day, 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.
Quick questions
In the first instance, contact the firm directly to see if it can resolve the problem. If that doesn't work, raise a formal complaint – you'll be able to find details of how to do this on the firm's website.
If you don't get a response to your complaint within eight weeks, or you're unhappy with the response you do get, you can take it to the free Legal Ombudsman, which can make binding decisions and has official powers to sort problems out.
Yes – but be careful. If you want a different firm to represent you, you'll first need to formally cancel any existing agreement you already have in place. It's important to do this to avoid having duplicate claims issued on your behalf in court.
But be aware that you may incur fees for doing so depending on the terms of the initial agreement and how far down the process you are.
Once you've correctly ended the existing agreement, you can then sign up with another firm as normal.
What if I'm not happy with how the firm is handling my claim?
Can I switch firms?
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.
In December 2022, the initial case against VW Group concerning vehicles fitted with EA189 engines was settled out of court for £11.9 million.
This settlement only covers the approximately 7,800 claimants who were already part of the group legal action against VW in Scotland and who had signed up with one of the firms bringing the claim (Drummond Miller, Jones Whyte, Lefevres, Slater and Gordon, and Thompsons).
As the terms and conditions of the settlement are confidential, it's not clear how much each individual claimant got after all legal fees and costs were deducted.
If you were one of the claimants, the firm you signed up with should have contacted you directly about the next steps – though watch out for scams and be wary of any contact out of the blue. If in doubt, end the communication and contact the firm directly using the details on its website.
The settlement has no direct bearing on any other claims in Scotland or elsewhere, and VW did not make any admissions in respect of liability, causation or loss as part of the settlement. In VW's view, settling was simply "the most prudent course of action commercially".
It's worth noting that if you have an Audi, Seat, Skoda or VW vehicle with a different type of engine (in other words, NOT EA189), you may still be able to join one of the ongoing claims as set out below.
There are several firms currently accepting registrations in relation to diesel vehicles from various manufacturers, including:
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Jones Whyte – covering BMW, Citroën, Fiat, Ford, Hyundai, Jaguar, Kia, Land Rover, Nissan, Peugeot, Renault, Vauxhall and Volvo, as well as some Audi, Seat, Skoda, and VW vehicles with non-EA189 engines.
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Lefevres – covering BMW, Citroën, Fiat, Ford, Jaguar, Land Rover, Nissan, Peugeot, Renault, Vauxhall and Volvo.
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Slater and Gordon – covering Citroën, Fiat, Jaguar, Land Rover, Nissan, Peugeot, Renault, Vauxhall and Volvo.
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Thompsons – covering BMW, Citroën, Fiat, Ford, Hyundai, Jaguar, Kia, Land Rover, Nissan, Peugeot, Renault, Vauxhall and Volvo, as well as some Audi, Seat, Skoda and VW vehicles with non-EA189 engines.
VW Group vehicles with EA189 engines – case settled out of court in December 2022
Other models and manufacturers – several firms accepting new sign-ups
What do the manufacturers say?
Here's what the carmakers involved in the cases have said:
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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."
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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."
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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."
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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."
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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."
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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."
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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."
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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."
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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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