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

The following Personal Injury guidance 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
  • Liability
  • Damages
  • Criminal liability

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 who either put their name on a product or use a trade mark or other distinguishing mark in relation to the product

  3. importers—liability rests with the original importer of the product into the EU from outside it

For convenience in referring to CPA 1987 provisions, these three categories may be collectively referred to as ‘producers’. By contrast, ‘producer’ is defined in the General Product Safety Regulations 2005, SI 2005/1803, as including the position of ‘own branders’ and importers.

The supplier of the product, whether it