A “HUGE” lawsuit against Mercedes Benz will be Scotland’s biggest ever class action court case, solicitors claim.
Thompsons Solicitors already represent more than 2000 Scottish drivers in a landmark case against Volkswagen in connection with the “dieselgate” scandal that saw car-makers install unlawful “defeat devices” into their vehicles in order to “cheat” European emissions standards.
The software allowed the cars to meet the pollution grade under controlled tests but masked the fact that the vehicles were more highly polluting under normal driving conditions – and could even breach legal standards for nitrogen oxide, which is linked to environmental damage and health problems like asthma.
In 2015, a "voluntary service action" saw more than one million VW motors returned in the UK.
Around 2000 owners in Scotland joined a claim for compensation.
Now the firm is preparing a “huge” case against luxury car firm Mercedes Benz over diesel vehicles.
READ MORE: ‘Dieselgate’ legal bid in Scottish courts against Volkswagen
Senior litigator Joel Shaw, who leads Thompsons’ vehicle emissions unit, says the firm is gathering evidence and believes the case will become “the most high-value” in Scottish legal history, with dozens of Mercedes owners prepared to act so far.
Shaw said: “Mercedes diesel cars and commercial vehicles such as vans are a luxury purchase that hard-working owners have saved tooth and nail to afford. For many who have bought or leased one of these vehicles, to now be told their car’s value has been slashed due to fraud by the manufacturers is devastating.
“The team which I lead are experts in handling mass litigation against car-makers who committed this type of double-dealing. The expertise developed by our pursuit of VW is invaluable when dealing with Mercedes.”
Shaw continued: “Given the value of the vehicles involved, I have little doubt that our class action against Mercedes will become Scotland’s most high-value class action law suit.
“The financial level of damages due is very substantial. Owners deserve to be fully compensated for what amounts to a calculated fraud by one of the world’s most renowned luxury car-makers.”
German’s Federal Motor Transport Authority found that software installed in Mercedes’ diesel vehicles limited readings during emissions testing and that the models in question breached EU regulations under real-world conditions. Parent company Daimler has been fined £776 million by German prosecutors and legal action against Mercedes has begun in that country, Canada and the US.
The Scottish action covers diesel vehicles made between 2008-18.
Daimler told The National: “We believe these claims are without merit, and will vigorously defend against any group action.”
Why are you making commenting on The National only available to subscribers?
We know there are thousands of National readers who want to debate, argue and go back and forth in the comments section of our stories. We’ve got the most informed readers in Scotland, asking each other the big questions about the future of our country.
Unfortunately, though, these important debates are being spoiled by a vocal minority of trolls who aren’t really interested in the issues, try to derail the conversations, register under fake names, and post vile abuse.
So that’s why we’ve decided to make the ability to comment only available to our paying subscribers. That way, all the trolls who post abuse on our website will have to pay if they want to join the debate – and risk a permanent ban from the account that they subscribe with.
The conversation will go back to what it should be about – people who care passionately about the issues, but disagree constructively on what we should do about them. Let’s get that debate started!
Callum Baird, Editor of The National
Comments: Our rules
We want our comments to be a lively and valuable part of our community - a place where readers can debate and engage with the most important local issues. The ability to comment on our stories is a privilege, not a right, however, and that privilege may be withdrawn if it is abused or misused.
Please report any comments that break our rules.
Read the rules here