Defective products
Produced in partnership with Alison Newstead, Simon Castley and Marisa Pearce of Shook, Hardy & Bacon
Defective products

The following Commercial practice note Produced in partnership with Alison Newstead, Simon Castley and Marisa Pearce of Shook, Hardy & Bacon provides comprehensive and up to date legal information covering:

  • Defective products
  • Statutory framework
  • Products
  • Meaning of defective product
  • Persons liable
  • Liability
  • Damage
  • Defences
  • Limitation
  • Reform

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements come to an end and significant changes begin to take effect across the UK’s legal regime. This document contains guidance on subjects impacted by these changes. Before continuing your research, see Practice Note: What does IP completion day mean for Commercial?

Brexit: As of exit day (11pm on 31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an implementation period, during which it continues to be subject to EU law. This has an impact on this Practice Note. For further guidance, see Brexit Bulletin—key updates, research tips and resources and Brexit toolkit.

This Practice Note summarises the law on defective products under the Consumer Protection Act 1987 (CPA 1987) and Council Directive 85/374/EEC (the Product Liability Directive). The CPA 1987 imposes liability on producers of defective products. This Practice Note considers what constitutes a defective product under the CPA 1987, who in the supply chain could be liable for the defective product, their degree of liability and any contributory negligence issues, the type of damages and the various defences

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