Product liability

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Practice notes
The nature of the awardWhere an injured person is disadvantaged in the labour market as a result of a residual disability resulting from an injury,...
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9th Nov
Practice notes
The Limitation Act 1980 is referred to as LA 1980.LA 1980 sets out the time limits within which claimants are entitled to bring claims of various...
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9th Nov
Practice notes
Background and frameworkPurpose of a provisional damages awardWhen the court makes a once and for all lump sum award, it is designed to cover both...
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Produced in partnership with Andrew Wilson 12th Jan
Practice notes
General principlesAs a general rule, a claimant must give credit for any financial gains they make that they have received as a result of their...
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9th Nov
Practice notes
NOTE: On 15 July 2019 the Lord Chancellor announced that the discount rate would change to minus 0.25%. The new discount rate came into effect on 5...
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Produced in partnership with Andrew Wilson 12th Jan
Practice notes
To identify the circumstances in which a court may find an employer to be vicariously liable for a tort committed by an employee it is useful to trace...
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Produced in partnership with Andrew Wilson 12th Jan
Practice notes
This case tracker considers case law in relation to qualified one-way costs shifting (QOCS) in order to provide some guidance on how the courts are...
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9th Nov
Practice notes
IntroductionOver the past decade or so, motor insurers have adopted and developed a strategy for identifying and dealing with road accident personal...
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Produced in partnership with Andrew Wilson 12th Jan
Practice notes
Expert witnesses are instructed in personal injury claims to provide an opinion on medical and non-medical technical issues within their field of...
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Produced in partnership with Ian Huckstepp of IRH Solicitors 12th Jan
Practice notes
Brexit: As of exit day (11 pm on 31 January 2020), the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the...
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9th Nov
Practice notes
Interest on general damagesEntitlementA claimant is entitled to simple interest at a rate the court deems fit.The rateInterest on general damages is...
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9th Nov
Practice notes
The tort of misfeasanceMisfeasance in public office is a tort that is rarely invoked in personal injury claims. It is only available against public...
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9th Nov
Practice notes
Nature of the awardA claimant who is precluded from doing a job they enjoy is entitled to claim loss of congenial employment. This award relates...
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9th Nov
Practice notes
Note: This Practice Note is relevant only to Part 36 offers as considered under CPR 36 in force as from 6 April 2015. For offers made prior to this,...
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Produced in partnership with Andrew Wilson 12th Jan
Practice notes
Pre-action protocol for low value personal injury claims in road traffic accidentsThe protocol applies to all road traffic accident (RTA)...
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9th Nov
Practice notes
The claim and basis for itThis type of claim is made on behalf of a living claimant whose life expectancy has been reduced as a result of the...
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9th Nov

Most recent Product liability content

Practice notes
The duty of careThe general principles of negligence apply, namely that the claimant has to establish that the defendant owed them a duty to take...
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9th Apr
Practice notes
Brexit: The UK's departure from the EU has implications for practitioners considering product liability. This Practice Note is in the process of being...
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9th Apr
Practice notes
Brexit: The UK's departure from the EU has implications for practitioners considering product liability. This Practice Note is in the process of being...
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9th Apr
Practice notes
Breach of a contract entered into before 1 October 2015Breach of a contract entered into on or after 1 October 2015NegligenceConsumer Protection...
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9th Apr
Practice notes
OverviewA defective product claim based on a breach of contract can be more straightforward than a claim brought in negligence. This is because the...
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9th Apr
Practice notes
CostsCPR 46.6(2) provides that generally group litigation costs are divided between the generic work which relates to the issues common to all of the...
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9th Apr
Practice notes
IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...
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9th Apr
Practice notes
Jurisdictions coveredThe following jurisdictions are covered in this report:Australia; Denmark; France; Greece; Ireland; Japan; Mexico; South...
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9th Apr
Practice notes
IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...
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8th Apr
Practice notes
What is a group litigation order?Multiple claims can be managed by the court under a group litigation order (GLO). GLOs may be made, before or after...
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Produced in partnership with Andrew Wilson 8th Apr
Practice notes
Brexit: The UK's departure from the EU has implications for practitioners considering product liability and cross-border claims. This Practice Note is...
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Produced in partnership with Conor Dufficy of 7 Bedford Row 19th Mar
Practice notes
This Practice Note summarises the law on defective products under the Consumer Protection Act 1987 (CPA 1987) and Council Directive 85/374/EEC (the EU...
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Produced in partnership with Alison Newstead, Simon Castley and Marisa Pearce of Shook, Hardy & Bacon International LLP 18th Mar
Practice notes
Jurisdictions coveredThe following jurisdictions are covered in this report:Australia; China; European Union; France; Greece; India; Ireland; Italy;...
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11th Mar
Precedents
[ON THE HEADED NOTEPAPER OF CLAIMANT’S SOLICITORS]FAO [RELEVANT NAME][NAME OF DEFENDANT OR DEFENDANT’S SOLICITOR, IF KNOWN][ADDRESS LINE 1][ADDRESS...
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Produced in partnership with Thomas Evans of Henderson Chambers 4th Mar
Q&As
There are two pre-action protocols which require claims within their scope to be submitted via the claims portal. These are the Pre-Action Protocol...
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Produced in partnership with Christi Scarborough of 42 Bedford Row 3rd Mar
Practice notes
Who may apply for a group litigation order and when?It is worth noting that, subject to obtaining the appropriate consent (on which see: Application...
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Produced in partnership with Andrew Wilson 24th Feb
Precedents
Claim No: [Insert]In the High Court of JusticeQueen’s Bench DivisionBetween[insert name]        Claimantsand[insert...
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Produced in partnership with Conor Dufficy of 7 Bedford Row 14th Feb

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