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What has happened?

Hyundai, the South-Korean car-marker, has been implicated in allegations of emissions cheating. In 2014, Hyundai were fined $100 million, jointly with sister brand Kia, by the United States Environmental Protection Agency (EPA) for violations of the Clean Air Act (US).

Further investigations in 2016 conducted by the Transport & Environment agency, found that Hyundai was amongst the worst performing manufacturers for high emission levels, being around 6 times above the Euro 5 NOx emission limits.

The KBA has found that both the Hyundai ix35 2.0 l Euro 5 Hyundai i20 1.1 l Euro 6 contain defeat devices which reduce the effectiveness of the emissions control system when the vehicles are driven in normal use. Hyundai has stated that the defeat devices are necessary to protect the engine, and in order to extend the lifetime of the emission components. However, following the CJEU judgment it is likely this will amount to an impermissible defeat device.

Read about the CJEU decision here.

Click here to read further about emissions claims.

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The scandal in numbers


Number of ‘dirty’ Euro 5 Hyundai diesels sold


Average multiple by which Hyundai breached legal NOx levels according to independent study


Number of ‘dirty’ Euro 6 Hyundai diesels sol


Excess deaths each year attributed to air pollution in the UK

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Can I join?

The following models have been found by the KBA, the German motor authority, to contain defeat devices, which we will allege are unlawful:

Hyundai ix35 2.0 l Euro 5
Hyundai i20 1.1 l Euro 6

In addition, independent research suggests the following models to contain either thermal windows, test recognition technology or both:

i30 II
Santa Fe III

i20 II

i30 II


However, anybody who bought a Euro 5 or Euro 6 diesel Hyundai in England or Wales can apply to join the claim. If you bought or leased an affected Hyundai in Scotland or Northern Ireland, you can still complete our questionnaire, but your claim will be handled slightly differently.

The litigation will be free at the point of use. Harcus Parker will act on a no-win, no-fee basis, and will pay any third-party costs which are necessary in order to progress the claims to trial.


NOx contains both Nitrogen Oxide and Nitrogen Dioxide. NOx is emitted when fossil fuels are burnt, but not completely combusted. Diesel engines are not 100% efficient, meaning that their exhaust emissions contain NOx, as well as greenhouse gases such as carbon dioxide and carbon monoxide, and air pollutants such as particulate matter. NOx worsens air quality and has adverse health effects including contributing to respiratory problems and cancer. Diesel cars are one of the main causes of pollution in our air.

These allow cars to turn down their emissions control system outside the emissions testing environment i.e. when the cars are driven in the real world. Not all defeat devices are cheating devices – some are allowed by regulations. However, in many cases they are used by manufacturers to give the appearance that their diesel vehicles pass emissions tests, when in fact they do not.

The term used to describe the emissions scandal which broke when the German car maker, VW, admitted to fitting more than 11 million of their VW cars with unlawful defeat devices leading to the first major emissions class action lawsuit in the United States.

We use this term to cover both owners of cars, and people who leased their cars.

A senior court of England and Wales dealing with high value and high importance non-criminal matters. This court ruled that it will be bound by findings of the KBA (the German motor authority) that defeat devices are present.