Summary
The Pan-NOx Emissions Group Litigation is a major consumer litigation arising from the Dieselgate scandal, but its significance extends beyond emissions regulation. This article examines what the High Court’s decision reveals about the future of complex consumer and product liability claims in the UK and EU. It considers the court’s departure from post-Brexit European Court of Justice case law on prohibited defeat devices, and contrasts the UK’s traditional approach to proof and collective redress with the EU’s new Product Liability Directive, which provides greater procedural and evidential support for claimants. The article concludes that the UK and EU are currently moving in different directions on consumer protection, meaning that consumers may, for now, find it easier to pursue complex product claims in the EU than in the UK, while businesses operating across both jurisdictions may face different litigation risks.
