The High Court has found that car manufacturer Volkswagen used 'defeat devices' to reduce emissions of nitrogen oxides under test conditions and thus 'fundamentally subvert' the process.
The preliminary finding in the case by Mr Justice Waksman is the latest development in the 'dieselgate' scandal of 2015.
The judge wrote in his summary: '[After considering the arguments made by Volkswagen] the upshot was that I found that the software function in the vehicles here did indeed amount to a prohibited ‘defeat device’… I also concluded that VW’s attempt to relitigate the issue here was an abuse of the process.
'A software function which enables a vehicle to pass the test because (artificially) it operates the vehicle in a way which is bound to pass the test and in which it does not operate on the road is a fundamental subversion of the test … it destroys the utility of the test.”
The Guardian reports that around 91,000 claimants are taking Volkswagen to court in one of the biggest 'class action' cases - group litigation orders - yet to be heard in England and Wales.
Volkswagen has been found guilty in the US, however in Europe the carmaker has denied that it cheated tests.
A spokeswoman for VW said: 'While Volkswagen is disappointed that the outcome was not in our favour, the judgment relates only to preliminary issues. To be clear, today’s decision does not determine liability or any issues of causation or loss for any of the causes of action claimed. These remain to be determined by the Court as the case continues.
'Volkswagen remains confident in our case that we are not liable to the claimants as alleged and the claimants did not suffer any loss. We will continue to defend our position robustly. Nothing in this decision today changes this. We look forward to making progress with defending the remainder of the case.
'Volkswagen is considering carefully the grounds on which it may seek to appeal today’s decision.'
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