The quantum trial in the ongoing Pan-NOx group litigation claim will begin today - focusing on Mercedes vehicles found to have contained so-called prohibited defeat devices.

In July this year, Lady Justice Cockerill rejected many of the allegations brought by the 1.6 million claimants, finding that not every calibration or emissions-control strategy amounted to a defeat device. All the manufacturers – Mercedes-Benz, Ford, Nissan, Renault, and Peugeot/Citroën – denied any wrongdoing.

However the court found that one of four of Mercedes’ sample vehicles was non-compliant in one piece of functionality. The judgment found three of the 20 vehicles used as samples contained prohibited defeat devices – one from Mercedes and two Peugeot/Citroen/DS models. The other 17 vehicles, manufactured by Mercedes, Peugeot/Citroen, Ford, Renault and Nissan, were found to contain devices that did not meet the court’s definition of a PDD.

Mercedes Benz

Trial will focus on Mercedes vehicles found to have contained so-called prohibited defeat devices

Source: iStock

Read more

The new trial, before Mr Justice Constable, which is listed to conclude before the Christmas break. The court will be asked to determine the value of the claims against Mercedes. The trial will also deal with issues of law and legal principle in relation to the value of the breach of contract and breach of statutory duty claims more generally.

Mercedes denies the claimants have suffered any loss.