The following PI & Clinical Negligence practice note provides comprehensive and up to date legal information covering:
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?
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.
Liability for damage caused by defective products may be attributable to:
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
any person who holds themself out to be the producer of the product—those
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This Practice Note examines:•why negative pledge clauses are used in commercial transactions •the consequences of breaching negative pledge provisions•how negative pledges are viewed in the context of security and quasi-security, and•key considerations when drafting a negative pledge clauseWhere
Millett LJ subdivided types of constructive trust into two categories, distinguishing between:•the constructive trust proper, where equity intervenes to prevent the legal owner from unconscionably denying the beneficial interest of another (known as the institutional constructive trust)•the
This Practice Note considers the doctrine of forum non conveniens, also referred to as the appropriate forum or the proper place for a dispute to be determined. This doctrine is of relevance when determining whether the courts of England and Wales have jurisdiction to hear a dispute and is applied
IntroductionShari'ah (also Sharia, Shariah or Shari’a) (literally, in Arabic, 'the path towards the watering place') or Islamic law is the legal system of the religion of Islam that sets out a system of duties or code of conduct for individuals to follow so that they may live their life in a
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