Claims under the Consumer Protection Act 1987
Claims under the Consumer Protection Act 1987

The following PI & Clinical Negligence practice note provides comprehensive and up to date legal information covering:

  • Claims under the Consumer Protection Act 1987
  • Nature of rights under the Consumer Protection Act 1987
  • Persons liable—‘producers’
  • Framework
  • Products
  • Meaning of defective product
  • Cases
  • Liability
  • Between defendants
  • Damages
  • More...

Brexit: The UK's departure from the EU has implications for practitioners considering product liability. This Practice Note is in the process of being updated in light of these changes. Before continuing your research, see Practice Note: What does IP completion day mean for PI & Clinical Negligence claims? including, in particular, main section: Other types of personal injury cases.

For guidance on whether judgments of the Court of Justice are binding on UK courts, see Q&A: Are UK courts and tribunals bound by decisions of the Court of Justice of the European Union post-Brexit?

Nature of rights under the Consumer Protection Act 1987

It is important for practitioners to understand the distinction between the rights conferred by the Consumer Protection Act 1987 (CPA 1987) and those provided by the Consumer Rights Act 2015 (CRA 2015).

While CRA 2015 provides for contractual rights between the seller and the consumer, CPA 1987 confers rights against ‘producers’.

For further guidance on CRA 2015, see Practice Note: Claims in contract for product liability cases.

Persons liable—‘producers’

Liability for damage caused by defective products may be attributable to:

  1. producers—usually the manufacturer of the product or, in the case of raw materials, the person who mined or abstracted it or a party who has been responsible for a process the product has gone through

  2. any person who holds themself out to be the producer of the product—those

Popular documents