Mercedes Litigation Update

15 November 2024

Anexo Group plc

("Anexo", the "Company" or the "Group")

Judgment issued on the recent trial in the Mercedes Diesel NOx Emissions case

Judgment was handed down yesterday from the preliminary issue trial held in early October, in the Mercedes Diesel NOx Emissions case. Bond Turner acts for over 12,000 Claimants. The Court tried the preliminary issue of (inter alia) whether the decisions of the German vehicle regulator (the Kraftfahrt-Bundesamt, or 'KBA') as to the presence or absence of prohibited defeat devices or 'PDD' (i.e. the alleged 'cheat' software) were binding on the Court and/or the Claimants.  Further, in this context, whether such decisions were also binding throughout the changing periods of applicable European Law and subsequently the Brexit process.

By reason of the procedure adopted by the Court to efficiently case-manage all of the manufacturer emissions cases, (now known as the "Pan-NOx" group litigations), determinations of fact and law in the context of the Mercedes litigation will be binding, insofar as relevant and applicable, across the Pan-NOx Emissions litigation and will therefore likely have at least some (albeit to varying degrees) positive impact on the other manufacturer cases.

The Court found in favour of the Claimants, holding that only the vehicle Recall decisions (where the KBA had discovered a PDD and required them to be removed from vehicles currently on the road) are binding. The other decisions (including the original Type Approval of the vehicle) were not binding on the Court or the Claimants.  The changes throughout the Brexit process does not alter this finding.

The decision means that, in respect of the German manufacturers, the Claimants can rely on their regulatory body's finding that PDDs were present in the vehicles for which recalls were issued.  For those where (for whatever reason) a recall was not issued, the Claimants will still need to prove the presence of a PDD. Commenting on the Judgment, Alan Sellers, Executive Chairman of Anexo Group Plc said: "Whilst this decision is not definitive for the success of the claims, it does strengthen the Claimants' position and is a significant victory in the litigation at this stage. We are very pleased with the outcome." 

Enquiries:

Notes to Editors:

Anexo is a specialist integrated credit hire and legal services provider. The Group has created a unique business model by combining a direct capture Credit Hire business with a wholly owned Legal Services firm. The integrated business targets the impecunious not at fault motorist, referring to those who do not have the financial means or access to a replacement vehicle.

Through its dedicated Credit Hire sales team and network of 1,100 plus active introducers around the UK, Anexo provides customers with an end-to-end service including the provision of Credit Hire vehicles, assistance with repair and recovery, and claims management services. The Group's Legal Services division, Bond Turner, provides the legal support to maximise the recovery of costs through settlement or court action as well as the processing of any associated personal injury claim.

Bond Turner incorporates a number of other specialist legal divisions. One deals with housing disrepair claims acting for clients living in conditions where there is disrepair, damp and mould, and concentrates mainly on the social housing sector. Another focuses on large loss claims, including professional and clinical negligence and complex medical claims. Bond Turner is also involved in group actions including diesel emissions and is currently pursuing claims against Mercedes and several other major manufacturers.

The Group was admitted to trading on AIM in June 2018 with the ticker ANX. For additional information please visit: www.anexo-group.com.