Product liability—product safety—checklist

Copyright © 2025 LexisNexis
Produced in partnership with Simon Castley of Shook, Hardy & Bacon International LLP , Emma Bolton of Shook, Hardy & Bacon International LLP and Leo Fielding of Shook, Hardy & Bacon International LLP
Checklists

Product liability—product safety—checklist

Copyright © 2025 LexisNexis

Produced in partnership with Simon Castley of Shook, Hardy & Bacon International LLP , Emma Bolton of Shook, Hardy & Bacon International LLP and Leo Fielding of Shook, Hardy & Bacon International LLP

Checklists
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This Checklist sets out the key issues for consideration by a business when dealing with a product safety matter. It sets out what a business should consider when designing systems to manage product liability risk in this area, including with reference to the Code of Practice on Product recalls and other corrective actions (PAS 7100:2022).

  1. •

    Identify all relevant laws (eg Sale of Goods Act 1979, Sale and Supply of Goods Act 1994, Consumer Protection Act 1987, General Product Safety Regulations 2005 (GPSR 2005), SI 2005/1803, Consumer Rights Act 2015, Digital Markets, Competition and Consumers Act 2024), standards, codes of practice (eg Code of Practice on Product recalls and other corrective actions (PAS 7100:2022) and Code of Practice on Bringing Safe Products to the Market (PAS 7050:2022)) that apply to the products. See Practice Notes: Consumer protection for defective or dangerous products—legal bases, Product liability and defective products and General Product Safety Regulations 2005—Offences.

Simon Castley
Simon Castley chambers

Managing Partner, Shook, Hardy & Bacon International LLP

Simon focuses his practice in the area of product liability and managing regulations that affect clients' brands and businesses in United Kingdom, United States and Europe. He has worked extensively throughout Europe and the Middle East. His experience also includes litigation on corporate and commercial matters. His client base includes major multinational food and beverage, consumer goods and motor manufacturers.

Simon, a U.K. national, is fluent in English and French and has a good working knowledge of German. He is a delegate of Shook's Product Liability Forum, run by the British Institute of International and Comparative Law. He has been included in Expert Guides: Guide to the World's Leading Product Liability Lawyers, Who's Who Legal: The International Who's Who of Business Lawyers, The Legal 500 United Kingdom, and Chambers UK, where sources described him as "a very good lawyer in command of his subject, who understands the science not just the law." In Chambers UK 2016, sources also highlight his strength in handling international disputes, describe him as "very strong on the regulatory side" of product liability and identify him as one of a “very solid team in London” that is "excellent" in client service and responsiveness.

Simon has spent a significant amount of time in the United States gaining experience of U.S. litigation methods. He works frequently in Europe, the Middle East and Asia and has extensive experience in the various legal systems within these jurisdictions.

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Emma Bolton
Emma Bolton

Senior Analyst, Shook, Hardy & Bacon International LLP

Emma is a senior analyst in the firm's London office. Emma has assisted the lawyers in support of product liability litigation in England as well as assisted on US matters for a wide range of client products. 

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Leo Fielding
Leo Fielding

Solicitor-Advocate, Shook, Hardy & Bacon International LLP

Leo handles a variety of multinational claims and regulatory issues with an emphasis on protecting clients’ brands in the United Kingdom, United States and Europe.
 
He focuses on highly regulated consumer products and covers the full spectrum of both pre-market and post-market regulations, risk and liability. He has worked extensively on mass torts and group actions with an emphasis on technical product features and marketing claims.
 
His experience also includes advising on complex, cross-border commercial litigation, arbitration, internal investigations and regulatory issues. Before joining SHB, Leo spent six years in the commercial disputes team of Freshfields Bruckhaus Deringer in London and has spent time on client secondment at BP.
 
Product Liability - Litigation on tort, strict liability and civil law remedies together with advice on liability regulation, marketing, advertising and defense of prosecutions. Product safety counselling regarding product safety reporting, recalls and corrective actions and related liability issues.
 
Regulatory Affairs - Advising clients on assessments of evidence for policy, particularly assisting with reviews of impact assessments and consultation responses relating to new laws.
 
Corporate and General Business Liability - Broad variety of general corporate and business liability to support operations of clients active in U.K. and Europe.
 
Commercial Litigation - Adviser to clients for U.K. proceedings involving commercial, tort, and contract disputes.
 

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United Kingdom
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