Emma Spence

Supervising Associate, Simmons & Simmons

Emma specialises in product liability matters, including property damage and injury claims, and the policy indemnity issues which are frequently associated with those claims.

She often works with manufacturers, distributors and retailers, and their insurers, from a range of sectors, including retail, food and drink, life sciences and the construction industry. She also has expertise in handling product recall claims and related regulatory investigations.

She commonly deals with claims which involve international supply chains and regularly provides advice in relation to the jurisdictional challenges which these claims can present.

In addition to product liability matters, she handles a range of property damage claims typically involving fire or escape of water within residential or commercial premises.

She is well versed in dealing with the policy indemnity issues which often accompany public and product liability claims. She advised in relation to financial loss extensions, considered the concept of "damage" in admixture claims and advised in relation to the application of recall and replacement exclusions. She has also considered the remedies available to insurers for the breach of risk and claims conditions, and arguments surrounding waiver and estoppel.

Contributed to

4

Product recall clause

Precedents

These Precedent product recall clauses are for use in a business-to-business (B2B) contract for the sale or supply of goods. The product recall clause sets out the obligations between the supplier (manufacturer or distributor) and customer (retailer) if a product recall or corrective action is required within the supply chain, for example where there is a defective, faulty or unsafe product. This Precedent contains both a pro-supplier product recall clause and a pro-customer product recall clause.

Commercial

Product recall notice (or corrective announcement)

Precedents

This Precedent product recall notice (or corrective announcement) is designed to be used by an organisation to inform consumers about a product that is being recalled (or is subject to another corrective action). It can be published on an organisation’s website, displayed in hard copy or sent directly to customers.

Commercial

Product safety incident plan (PSIP)

Precedents

This Precedent product safety incident plan (PSIP) is an overarching plan that pulls together other documents such as a product recall policy, product and customer traceability plan, corrective action decision plan, training plan, monitoring plan and team sheets. The PSIP should form part of a wider product safety management plan (PSMP).

Commercial

Product safety teamsheet

Precedents

This Precedent product safety teamsheet, allows an organisation to record the details of everyone it may need to contact in the event of a product recall. It is intended to be appended to the Precedent Product safety incident plan (PSIP) and should be completed in advance of a product recall incident occurring so that the organisation does not lose time working out who should be in its product recall team.

Commercial