The comments come days after Volkswagen’s appeal against a High Court ruling that it fitted “defeat devices” in their cars was rejected. The decision and recent payouts to owners in the United States should leave claimants “assured” that the UK courts will back them.
Aman Johal, spokesperson for Your Lawyers said VW’s “incongruent defence” was not likely to wash with the Court ensuring claimants were likely to seize victory in the case.
Speaking to Express.co.uk, he said: “Earlier this year, the High Court, in accordance with UK and EU Law, determined that the software code hidden deep within the affected vehicles amounted to an unlawful ‘defeat device’.
“This decision along with the Court of Appeal’s refusal to allow VW permission to appeal is a huge step forward for VW’s customers and demonstrates that the court is overwhelmingly likely to rule in their favour.
“In refusing VW permission to appeal, HHJ Waksman described VW’s arguments as ‘completely irrelevant’, ‘hopeless’ and ‘highly flawed’, evidencing that VW’s incongruent defence did not and is not likely to wash with the Court.
The system traps nitrogen oxides which reduce toxic emissions for the test before reverting to its usual self afterwards.
It is believed that emissions levels in some models could have been up to 40 times higher than test results due to the device.
Mr Johal says there has been “positive progress in the US” which could ”increase the pressure on VW”.
Affected drivers have been awarded between $5,100 and $10,000 in compensation as well as the estimated value of the vehicle.
“We also expect that the UK courts will carefully observe the numerous findings worldwide against VW and these will undoubtedly resonate with the Judge who will seek to achieve a fair outcome for the claimants over here.”
Volkswagen have said they are “disappointed” in the decision but “respects it”, despite still saying customers have “not suffered any loss” and are not due compensation payouts.
They say the decision has not determined loss, liability or causation which will be decided at trial before March 2022.
In a statement, a spokesperson for VW said: “Volkswagen Group is disappointed in the Court of Appeal’s decision but, of course, respects it.
This decision relates to the technical points of law that formed the Preliminary Issues Hearing in 2019. It does not determine the points of loss, liability and causation, which will be decided at a trial, not before March 2022.
Volkswagen maintains that because customers have not suffered any loss, it does not owe them compensation. Nevertheless, this is a matter for the main trial in due course.
Volkswagen has openly acknowledged that, in relation to the emissions issue, we did not live up to our own standards.
We are committed to maintaining the trust of the public through programmes such as our €33bn investment into e-mobility, bringing 75 fully electric car models to market by 2029.”
Published at Thu, 13 Aug 2020 12:22:12 +0000