2TG barristers prominent on both sides in long-awaited Dieselgate II judgment

2TG counsel have achieved success on both sides in the long-running Dieselgate II litigation, one of The Lawyer’s Top Ten cases of last year.

On 10 July 2026 Cockerill LJ handed down a judgment in Dieselgate II, also known as the Pan-NOx proceedings. More than 1.5 million Claimants had alleged that almost all Euro 5 and Euro 6b diesel vehicles sold in the UK contained Prohibited Defeat Devices (“PDDs”), in claims collectively alleged to be worth many billions of pounds. The Court considered factual evidence about five motor manufacturers: Mercedes; Ford; Peugeot-Citroen (“PCD”); Renault and Nissan.

The Court considered what was meant by a PDD for the purposes of the Emissions Regulation. Cockerill LJ, in her last case as a Judge of the High Court, held that it was a test cycle or boundary detection device and that there must be an intention to cause the emissions control system to operate differently when it senses it is being tested.

On this definition, Ford Motor Company was exonerated in full. The successful Ford Defendants were represented by Sonia Nolten KC, Benjamin Phelps and Kate Legh (as well as Neil Moody KC before he became a High Court Judge).

The Court held that some Mercedes and PCD vehicles contained PDDs. The successful Claimants in those Lead GLOs were represented at trial by Gareth Shires, Jessica van der Meer, Sam Stevens, Anna Dannreuther and Rebecca Brown.

The evidence was heard over 3 months from October to December 2025, with legal and factual submissions over three weeks in March 2026. The case was remarkable in its technical and legal complexity and in its innovative case management structure, in which 5 GLOs were heard together to an unprecedentedly tight timescale, requiring substantial active case management and collaboration between the parties and their legal teams.

As well as hearing evidence from the five main manufacturers, other diesel manufacturers participated in the trial by making submissions on the legal issues. BMW was represented by Charles Dougherty KC and Tom Fairclough. Charles also acted for Suzuki leading James Partridge.

A link to the judgment can be found here.

A link to a summary of the judgment can be found here.

Gareth Shires, Jessica van der Meer, Sam Stevens, Anna Dannreuther and Rebecca Brown acted for the Claimants, instructed by Leigh Day and Pogust Goodhead.

Sonia Nolten KC, Benjamin Phelps, and Kate Legh acted for the Ford Defendants, instructed by McGuireWoods. Neil Moody KC also acted for Ford until his appointment to the High Court Bench on 29^th January 2026.

Charles Dougherty KC and Thomas Fairclough acted for the BMW Defendants, instructed by Hogan Lovells Cadwalader International LLP.

Charles Dougherty KC and James Partridge acted for the Suzuki Defendants instructed by Hogan Lovells Cadwalader International LLP.

Many other members of 2TG have been instructed at various stages of Dieselgate II including: Robert Cumming (for the Claimants), Meghann McTague and William Clerk (both for Ford), David Thomas and Eswar Kalidasan (both for BMW), Anna Hughes (BMW Dealerships) and Jack Harris (Suzuki).