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It has been announced that Court action is now being taken against Volkswagen in respect of the emissions scandal.
Proceedings are being brought against Volkswagen, and its associated companies Audi, Skoda and SEAT, seeking damages as a result of the misrepresentations made to consumers. It is alleged that certain diesel-powered vehicles were fitted with an illegal ‘defeat device’ in order to reduce nitrogen oxide and nitrogen dioxide emissions and pass official emissions tests.
The vehicles affected were manufactured between 2009 and 2015 and were fitted with a 1.2-litre, 1.6-litre, or 2.0-litre EA189 type diesel engine. Details of whether your vehicle is affected can be confirmed by visiting your manufacturer’s website by clicking on one of the following links (the site will open in a new window): Volkswagen; Audi; Škoda; or SEAT.
Owners of the models involved will be able to claim damages against VW. These will include damages for loss of value of the vehicle, the costs of remedial action and any additional fuel consumption, as well as damages for inconvenience, frustration, upset or disappointment.
Mention has been made in the press of an approximate figure of £3000 per claimant. Whilst this may be a reasonable estimate, it cannot at present be confirmed as an accurate assessment of the level of damages that owners may be able to claim.
There was a hearing at the High Court on 8th June 2016 at which the Court heard representations from all the solicitors acting for Claimants in this action, and made further directions in preparation for a full hearing in mid-October with a view to making a Group Litigation Order (GLO). This GLO will set out much of the procedure and timetable of the Group action, and define who can bring a claim and how to do so (both in terms of what information each Claimant needs to provide, and how the claim will be funded).
At Jefferies, we have set up a dedicated team of solicitors to help owners of the affected cars claim from VW and have had a strong response from people who are interested in taking legal action.
Until the hearing in October has taken place, however, it will be unclear exactly how compensation claims against Volkswagen are likely to proceed. We will be then able to provide a full update to our clients including details of how the likely costs of making a claim can be funded (e.g. no win-no fee, etc.)
Published on 16th January 2017, updated on 19th July 2017.