Jaguar Land Rover facing class action over allegedly faulty diesel particulate filters

A legal firm is preparing a class action case against Jaguar Land Rover on the basis it claims several of the carmaker's vehicles are fitted with faulty diesel particulate filters (DPFs).

Tens of thousands of Land Rover, Range Rover and Jaguar diesel car owners could receive compensation if the legal action was successful.

Jaguar and Land Rover supplies several popular diesel vehicle models in Australia, including the Land Rover Discovery Sport, Discovery, Range Rover Evoque, Range Rover Sport, Range Rover and Jaguar E-Pace.

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The potential action, which is being investigated by Maurice Blackburn Lawyers on behalf of new or second-hand vehicles acquired after January 1, 2011, is said to allege that the DPF system is defective in Jaguar and Land Rover diesel vehicles as it is 'prone to become blocked under regular driving conditions'.

The firm contends this poses a safety hazard to drivers, passengers, and pedestrians because a clogged DPF can 'cause the vehicle to lose power suddenly with little to no warning, severely inhibiting the performance of the vehicle and the safety of the vehicle on the road.'

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The defective DPF system also causes ongoing mechanical issues, it says, and requires more frequent servicing and maintenance.

The purpose of the class action is to seek compensation on behalf of owners with affected vehicles who suffered loss and damage as a result of Jaguar Land Rover’s alleged failure to comply with the guarantee of acceptable quality under the Australian Consumer Law and what the law firm says is engaging in 'misleading and deceptive conduct'.

Owners who have sold their vehicles or had them written-off are also eligible to join the class action investigation.

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Maurice Blackburn Principal Vavaa Mawuli said the firm has received complaints from consumers about the alleged defect.

“Vehicles are a significant expense for many Australians and consumers have a right under the consumer laws to expect that the vehicle they are purchasing is free from defects, safe, durable and suitable for driving under every day conditions," she said.

"Instead, many Jaguar and Land Rover owners are frustrated by the frequent servicing and maintenance required because of the alleged defect in the DPF system. We will be seeking to hold Jaguar Land Rover to account.”

Responding to the claims, Jaguar Land Rover Australia told us: "JLR has received and is considering the application and statement of claim filed in the Federal Court of Australia in relation to certain diesel engine vehicles supplied since 2015.

"Our products are of the highest quality and meet all regulations and standards of the markets in which they are purchased, and our highest priority is always to ensure that our customers enjoy the best possible experience with them.

"We are reviewing the statement of claim and will defend in accordance with the applicable court process."

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The potential action follows a similar case involving defective diesel particulate filters (DPFs) in 2015-2020 examples of the Toyota HiLux, Prado and Fortuner.

Toyota Australia is appealing a Federal Court decision which found it misled customers about vehicles fitted with defective diesel particulate filters (DPF).

If Toyota loses, the battle could cost the manufacturer more than $2 billion in compensation to 250,000 owners.

In April this year, the Federal Court found Toyota had misled customers about a defect with the DPF equipped to cars fitted with either a 2.4-litre ‘2GD-FTV’ or 2.8-litre ‘1GD-FTV’ turbo-diesel four-cylinder engine, impacting a total of 264,170 vehicles built between October 1, 2015, and April 23, 2020 across the HiLux, Fortuner, and LandCruiser Prado model ranges.

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This class action is completely separate to another more recent legal case against Toyota in which the company is being sued over claims up to 500,000 of its diesel-powered vehicles were fitted with emissions defeat devices.

Maddens Lawyers, representing the plaintiff Adam Rowe, launched a class action in the Supreme Court of Victoria in October.

At this stage, Mr Rowe is the focus of the claim, but the firm has been in contact with a number of other owners and it is thought upwards of 400,000 people could end up involved.

The vehicles affected involve many of Toyota's popular models using several variants of diesel engines between February 7, 2016, and the present day. Owners of brand-new and used cars could be affected if a vehicle was sold during that time.

Variants of the HiLux, Prado, Fortuner, Granvia, HiAce, LandCruiser and RAV4 are all referenced in the lawsuit.