Product liability

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Latest PI & Clinical Negligence News

Claimant succeeds on limitation and causation in asbestosis claim (Balls v Reeve)

The following PI & Clinical Negligence news provides comprehensive and up to date legal information on Claimant succeeds on limitation and causation in asbestosis claim (Balls v Reeve)

Fundamental dishonesty—what to plead (Mustard v Flower)

The following PI & Clinical Negligence news provides comprehensive and up to date legal information on Fundamental dishonesty—what to plead (Mustard v Flower)

Anonymity and reporting restrictions order refused where application made after trial (R (Imam) v Croydon London Borough Council)

The following Dispute Resolution news provides comprehensive and up to date legal information on Anonymity and reporting restrictions order refused where application made after trial (R (Imam) v Croydon London Borough Council)

Mastercard v Merricks—an important year for collective proceedings and representative actions

The following Competition news provides comprehensive and up to date legal information on Mastercard v Merricks—an important year for collective proceedings and representative actions

Featured PI & Clinical Negligence content

Qualified one-way costs shifting (QOCS)

What is QOCS?Qualified one-way costs shifting (QOCS) was introduced on 1 April 2013 as part of the Jackson costs reforms following the removal of a...

Pain, suffering and loss of amenity

Valuing the lossHow should an injury be measured in a sum of money? After all no formula can calculate the value of the loss of an arm or of the sense...

Past loss of earnings

Common issuesClaims for loss of earnings are common in personal injury claims and are often the largest head of damages. For guidance on future loss...

Psychiatric injury—secondary victims

What is a secondary victim?A primary victim is a claimant who was directly involved as a participant in the incident that caused their psychiatric...

Practice notes

Smith v Manchester awards

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,...

9th Nov

Practice notes

Time limits under the Limitation Act 1980—personal injury claims

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...

9th Nov

Practice notes

Provisional damages

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...

Produced in partnership with Andrew Wilson 12th Jan

Practice notes

Collateral benefits and double recovery

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...

9th Nov

Practice notes

Catastrophic injury claims—heads of claim

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...

Produced in partnership with Andrew Wilson 12th Jan

Practice notes

Vicarious liability in the course of employment—the close connection test

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...

Produced in partnership with Andrew Wilson 12th Jan

Practice notes

Qualified one-way costs shifting (QOCS)—case tracker

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...

9th Nov

Practice notes

Low Velocity Impact RTAs—in detail

IntroductionOver the past decade or so, motor insurers have adopted and developed a strategy for identifying and dealing with road accident personal...

Produced in partnership with Andrew Wilson 12th Jan

Practice notes

Personal injury experts

Expert witnesses are instructed in personal injury claims to provide an opinion on medical and non-medical technical issues within their field of...

Produced in partnership with Ian Huckstepp of IRH Solicitors 12th Jan

Practice notes

Claims under the Consumer Protection Act 1987

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...

9th Nov

Practice notes

Interest on general damages, special damages and judgment debt

Interest on general damagesEntitlementA claimant is entitled to simple interest at a rate the court deems fit.The rateInterest on general damages is...

9th Nov

Practice notes

Misfeasance in public office

The tort of misfeasanceMisfeasance in public office is a tort that is rarely invoked in personal injury claims. It is only available against public...

9th Nov

Practice notes

Loss of congenial employment

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...

9th Nov

Practice notes

Part 36 offers in PI and clinical negligence claims

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,...

Produced in partnership with Andrew Wilson 12th Jan

Practice notes

Fixed costs in road traffic accident claims

Pre-action protocol for low value personal injury claims in road traffic accidentsThe protocol applies to all road traffic accident (RTA)...

9th Nov

Practice notes

Claims for lost years

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...

9th Nov

Most recent Product liability content

Practice notes

Product liability—claims in negligence

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...

9th Apr

Practice notes

Defences to a claim under the Consumer Protection Act 1987

Brexit: The UK's departure from the EU has implications for practitioners considering product liability. This Practice Note is in the process of being...

9th Apr

Practice notes

Claims under the Consumer Protection Act 1987

Brexit: The UK's departure from the EU has implications for practitioners considering product liability. This Practice Note is in the process of being...

9th Apr

Practice notes

Product liability—causes of action

Breach of a contract entered into before 1 October 2015Breach of a contract entered into on or after 1 October 2015NegligenceConsumer Protection...

9th Apr

Practice notes

Claims in contract for product liability cases

OverviewA defective product claim based on a breach of contract can be more straightforward than a claim brought in negligence. This is because the...

9th Apr

Practice notes

Group Litigation Orders—costs and qualified one-way costs shifting

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...

9th Apr

Practice notes

General Product Safety Regulations 2005

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

9th Apr

Practice notes

Getting the Deal Through: Product Recall 2021

Jurisdictions coveredThe following jurisdictions are covered in this report:Australia; Denmark; France; Greece; Ireland; Japan; Mexico; South...

9th Apr

Practice notes

Consumer protection for defective or dangerous products—legal bases

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

8th Apr

Practice notes

Group Litigation Orders—introduction

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...

Produced in partnership with Andrew Wilson 8th Apr

Practice notes

Claims for implanted medical devices

Brexit: The UK's departure from the EU has implications for practitioners considering product liability and cross-border claims. This Practice Note is...

Produced in partnership with Conor Dufficy of 7 Bedford Row 19th Mar

Practice notes

Defective products

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...

Produced in partnership with Alison Newstead, Simon Castley and Marisa Pearce of Shook, Hardy & Bacon International LLP 18th Mar

Practice notes

Getting the Deal Through: Product Liability 2020

Jurisdictions coveredThe following jurisdictions are covered in this report:Australia; China; European Union; France; Greece; India; Ireland; Italy;...

11th Mar

Q&As

Is a claim for a defective medical implant run under the Pre-Action Protocol for the Resolution of Clinical Disputes and therefore a clinical negligence claim for the purposes of recovering part of the insurance premium from the defendant?

The Pre-Action Protocol for the Resolution of Clinical Disputes applies to all claims against hospitals, GPs, dentists and other healthcare providers...

4th Mar

Precedents

Letter of claim—product liability claim against drinks manufacturer by third party

[ON THE HEADED NOTEPAPER OF CLAIMANT’S SOLICITORS]FAO [RELEVANT NAME][NAME OF DEFENDANT OR DEFENDANT’S SOLICITOR, IF KNOWN][ADDRESS LINE 1][ADDRESS...

Produced in partnership with Thomas Evans of Henderson Chambers 4th Mar

Q&As

Should claims arising from defective products be submitted through the claims portal?

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...

Produced in partnership with Christi Scarborough of 42 Bedford Row 3rd Mar

Practice notes

Group Litigation Orders—procedure

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...

Produced in partnership with Andrew Wilson 24th Feb

Precedents