In the High Court this week, Cockerill J and Senior Costs Judge Rowley handed down judgment in Various Claimants v Mercedes-Benz Group AG and Others & Ors ([2025] EWHC 2307 (KB)), in which costs budgets were approved for the latter stages of the Pan-NOx Emissions Litigation (“Dieselgate”) in the total sum of £71,831,966.75. In July of 2024, the court had previously approved costs budgets for the early stages of the litigation in excess of £165m.
The Pan‑NOx litigation is a group action in the High Court of England & Wales, involving over a million claimants against multiple car manufacturers. It is understood to be the largest ever collective action brought in the Courts of England and Wales, the costs budgeting exercise being described by Constable J. as “quite unprecedented”. The claimants allege that certain diesel vehicles were fitted with “prohibited defeat devices” (PDDs) that were designed to cheat emissions testing, thereby generating higher NOx emissions.
The court has adopted a tranche‑based approach to management. The first tranche concerns preliminary legal issues. The second tranche is the main evidential trial scheduled for October 2025 and will consider whether PDDs existed in sample vehicles for certain manufacturers, and if so, whether those devices were unlawful. The third and final tranche will be a quantum trial (assessing causation and loss) currently expected to take place in October 2026 should the claimants succeed in establishing liability.
Kevin Latham acted for the Claimants instructed by Pogust Goodhead and Leigh Day. Paul Hughes acted for Volvo instructed by DLA Piper.
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