Product liability

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Practice notes
Smith v Manchester awardsThe nature of the awardWhere an injured person is disadvantaged in the labour market as a result of a residual disability...
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19th May
Practice notes
Did the claimant consent to the risk of injury?The essence of a defence of volenti non fit injuria (‘to a willing person, no injury is done’) is that...
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19th May
Practice notes
CRU certificates—recoverable benefits and lump sum paymentsSeparate legislation covers the recovery of NHS charges. For guidance on requesting and...
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19th May
Practice notes
Future loss of earnings—personal injury claimsNOTE: On 15 July 2019, at the conclusion of the first review of the discount rate, the Lord Chancellor...
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19th May
Practice notes
Duty of care and breach in clinical negligence claimsThe duty of careA medical practitioner owes a duty of care to their patient. This duty is to take...
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Produced in partnership with Andrew Ritchie QC of 9 Gough Chambers 19th May
Practice notes
Product liability—claims in negligenceThe duty of careThe general principles of negligence apply, namely that the claimant has to establish that the...
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19th May
Practice notes
Fee remissionsIntroductionCourt and tribunal fees are, for many, prohibitively high. For those in the most straitened circumstances, fee remissions,...
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Produced in partnership with David Willink of Lamb Chambers 19th May
Practice notes
Drafting schedules of loss in PI and clinical negligence claimsNOTE: On 15 July 2019, at the conclusion of the first review of the discount rate, the...
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Produced in partnership with Louise Thomson 19th May
Practice notes
Quantifying damages for the estate under the Law Reform ActWhat can be claimed by the estate under the Law Reform (Miscellaneous Provisions) Act...
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19th May
Precedents
[IN THE COUNTY COURT AT [INSERT]ORIN THE HIGH COURT OF JUSTICE][[SPECIFY DIVISION]][[INSERT LOCATION] DISTRICT REGISTRY]Claim No:Between[Insert...
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19th May
Practice notes
Damages in clinical negligence claimsNOTE: On 15 July 2019, at the conclusion of the first review of the discount rate, the Lord Chancellor announced...
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Produced in partnership with Renée Wood 19th May
Practice notes
Psychiatric injury—secondary victimsWhat is a secondary victim?A primary victim is a claimant who was directly involved as a participant in the...
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Produced in partnership with Andrew Wilson 19th May
Practice notes
Drafting counter schedules of loss in PI and clinical negligence claimsNOTE: On 15 July 2019, at the conclusion of the first review of the discount...
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Produced in partnership with Louise Thomson 19th May
Practice notes
Low Velocity Impact RTAs—in detailIntroductionOver the past decade or so, motor insurers have adopted and developed a strategy for identifying and...
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Produced in partnership with Andrew Wilson 19th May
Practice notes
Military claimsBackgroundIt is helpful to put the law relating to military claims into historical context.Until 1987, section 10 of the Crown...
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19th May

Most recent Product liability content

Practice notes
Defences to a claim under the Consumer Protection Act 1987Limitation or exclusion of liability for defective products in any contract term, notice or...
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31st Jul
Practice notes
Getting the Deal Through: Product Liability 2020Jurisdictions coveredThe following jurisdictions are covered in this report:Australia; China; European...
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31st Jul
Practice notes
Claims for implanted medical devicesGuidance on care standards for cosmetic procedures is provided by the General Medical Council and came into effect...
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Produced in partnership with Conor Dufficy of 7 Bedford Row 31st Jul
Practice notes
Group Litigation Orders—costs and qualified one-way costs shiftingCostsCPR 46.6(2) provides that generally group litigation costs are divided between...
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31st Jul
Practice notes
Getting the Deal Through: Product Recall 2021Jurisdictions coveredThe following jurisdictions are covered in this report:Australia; Denmark; France;...
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31st Jul
Q&As
Should claims arising from defective products be submitted through the claims portal?There are two pre-action protocols which require claims within...
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Produced in partnership with Christi Scarborough of 42 Bedford Row 31st Jul
Practice notes
Group Litigation Orders—introductionWhat is a group litigation order?Multiple claims can be managed by the court under a group litigation order (GLO)....
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Produced in partnership with Andrew Wilson 31st Jul
Practice notes
Product liability—causes of actionBreach of a contract entered into before 1 October 2015Breach of a contract entered into on or after 1 October...
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31st Jul
Practice notes
Claims under the Consumer Protection Act 1987Nature of rights under the Consumer Protection Act 1987It is important for practitioners to understand...
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31st Jul
Practice notes
Product liability—claims in negligenceThe duty of careThe general principles of negligence apply, namely that the claimant has to establish that the...
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31st Jul
Practice notes
Claims in contract for product liability casesOverviewA defective product claim based on a breach of contract can be more straightforward than a claim...
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31st Jul
Practice notes
Group Litigation Orders—procedureWho may apply for a group litigation order and when?It is worth noting that, subject to obtaining the appropriate...
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Produced in partnership with Andrew Wilson 30th Jul
Precedents
Particulars of claim for defective hip replacementClaim No: [Insert]In the High Court of JusticeQueen’s Bench DivisionBetween[insert...
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Produced in partnership with Conor Dufficy of 7 Bedford Row 30th Jul
Precedents
Letter of claim—product liability claim against drinks manufacturer by third party[ON THE HEADED NOTEPAPER OF CLAIMANT’S SOLICITORS]FAO [RELEVANT...
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Produced in partnership with Thomas Evans of Henderson Chambers 30th Jul
Practice notes
General Product Safety Regulations 2005General Product Safety Regulations 2005The General Product Safety Regulations 2005, SI 2005/1803 (GPSR 2005)...
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30th Jul
Practice notes
Defective productsThis Practice Note summarises the law on defective products under the Consumer Protection Act 1987 (CPA 1987) and Council Directive...
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Produced in partnership with Alison Newstead of Shook, Hardy & Bacon International LLP, Simon Castley of Shook, Hardy & Bacon International LLP and Marisa Pearce of Shook, Hardy & Bacon International LLP 30th Jul
Practice notes
Consumer protection for defective or dangerous products—legal basesThis Practice Note sets out the different legal bases of consumer protection in...
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30th Jul

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