Significant milestone for BMW emissions claims after High Court grants group litigation order

November 3, 2023

In a significant milestone for My Diesel Claim, the High Court has ruled that global car manufacturer BMW will face legal action over their role in the emissions scandal by granting a group litigation order (GLO).

One step closer to conclusion for emissions claims

BMW are the latest manufacturer to be before the courts of England and Wales, following a historic settlement with Volkswagen in May 2022, and Mercedes car owners being given the go ahead in their action earlier this year. 

The newly granted GLO means tens of thousands of BMW drivers in England and Wales can move forward with their group action against the German manufacturer.

The claimants are currently represented in their case against BMW by lead solicitors Pogust Goodhead and Leigh Day. The total number of motorists involved in the claim is anticipated to be around 170,000. 

Lawyers allege that engines used by BMW in their vehicles emitted harmful levels of invisible NOx gases in breach of EU and UK law and regulatory standards as a result of prohibited defeat devices.   

BMW has already been found to be part of an unlawful cartel which acted to suppress technology development related to emissions and was issued with substantial fines by the European Commission and the Korea Fair Trade Commission. 

Pogust Goodhead comment on BMW emissions news

Partner at Pogust Goodhead, Pete Gallagher, said: “The Senior Master’s decision, with the President of the King’s Bench Division’s consent, is a significant milestone in the fight against BMW over their unlawful behaviour in the Dieselgate scandal. We are delighted that we have secured this victory for our clients and look forward to pushing on with the case.  

“The excessive emissions produced by these illegal defeat devices are not only causing damage to people breathing toxic air, but they are also adding to the burden on our health services and the economy. This was a massive betrayal of consumer and public trust, and we will not let BMW off the hook. It has been eight years since this scandal broke. They should do the right thing and compensate our clients.  

We secured a landmark settlement in the Volkswagen NOx Emissions Group Litigation last year and are representing over one million drivers over claims against more than 12 car manufacturers in England and Scotland through the My Diesel Claim campaign.

Thousands of BMW drivers deceived

The case against BMW in England and Wales is made up of individuals and businesses who purchased, owned, or leased BMW vehicles containing Euro 5 or Euro 6 diesel engines, which were designed, manufactured, distributed, financed, and imported by the BMW Group.   

Pete continued: “BMW deceived their customers by indicating that their diesel vehicles were clean when they actually contained defeat devices. We at Pogust Goodhead fight every day to quash such corporate wrongs and root out this kind of unlawful activity.   

“This is a big step in the journey to trial, and we look forward to our clients having their case heard in Court, which we are confident will be successful.”  

 If you think you may have a claim, please visit: MyDieselClaim.com

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