Various Claimants v Mercedes-Benz Group AG & Ors

Facts

The Pan-NOx Emissions Group Litigation comprises approximately 1.6 million claims brought against sixteen vehicle manufacturers, alleging that their diesel vehicles contained prohibited defeat devices. On 10 July 2026 Cockerill LJ handed down judgment on defined liability issues in the PDD Trial ([2026] EWHC 1753 (KB)), construing Article 3(10) of the Emissions Regulation narrowly so that it caught only cycle recognition and boundary devices, and holding that Article 5(2) imposed no requirement to use the alternative technologies contended for by the Claimants. The result was that the majority of the Claimants' allegations failed: only Mercedes' Coolant Temperature Setpoint device and PCD's Split Injection Device were found to be prohibited defeat devices, so that only the Mercedes and PCD Defendants were held liable, and no axiomatic breach of contract was established. Under the October 2024 CMC Order a Quantum Trial had been listed to commence on 26 October 2026, to be tried by reference to sample claimants and, so far as possible, on actual findings rather than assumptions. Having reflected on the PDD Judgment, the Claimants applied to vacate the Quantum Trial and stay proceedings pending their intended application for permission to appeal. Every Lead Defendant supported the application except Mercedes and Renault. The application was argued over a full day at the Pre-Trial Review.