Product liability

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More than one cause of action might be advanced by a claimant. For example, breach of contract, negligence and a claim for breach of statutory duty under the Consumer Protection Act 1987 (CPA 1987).

These causes of action are not exclusive and claimants can institute a claim under whichever cause or causes of action apply to their case. For example, a claimant may issue a claim for breach of contract but there may be tactical advantages in adding a manufacturer into the proceedings as a co-defendant based on a claim in negligence or under statute. The manufacturer will have to disclose information and there may be exclusions or limitations of liability in any intermediate contracts in the supply chain.

For an overview of the different types of action, see Practice Notes: Product liability—causes of action and Consumer protection for defective or dangerous products—legal bases.

Claims in contract

A defective product claim based on a breach of contract can be more straightforward than a claim brought in negligence. This is because the claimant will just need to prove that the product is not of a satisfactory

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Latest PI & Clinical Negligence News

No default secrecy for judges’ criticism of bench applicants

Law360, London: The Court of Appeal ruled on 17 July 2025 that sitting judges can continue to give feedback about applicants for judicial office but told the Judicial Appointments Commission it must weigh whether to disclose negative feedback to candidates in each case.

NHS Resolution publishes Annual Report and Accounts for 2024/25

NHS Resolution has published its Annual Report and Accounts for 2024/25, reporting that 83% of clinical compensation claims were resolved without formal legal proceedings—the highest proportion recorded to date. This equates to 11,110 claims settled through alternative dispute resolution methods such as mediation and negotiation. The report outlines how initiatives including the Early Notification scheme for birth injury cases have supported earlier access to compensation and greater involvement of families in the process. NHS Resolution received 14,428 new clinical negligence claims and reported incidents during the year. Total payments across all clinical schemes amounted to £3.1bn, of which £1.3bn related to maternity. The estimated annual cost of harm under the Clinical Negligence Scheme for Trusts (CNST) was £4.6bn, a reduction from £4.8bn in 2023/24. NHS Resolution’s provision for future liabilities as of 31 March 2025 was £60.3bn. The report also notes increased demand for its Practitioner Performance Advice and Primary Care Appeals services.

Silicosis claims

PI & Clinical Negligence analysis: Silicosis is an incurable lung disease caused by prolonged inhalation of respirable crystalline silica (RCS), leading to progressive lung scarring and impaired breathing. In occupational settings, employers have legal duties to protect workers from silica dust exposure. Where these duties have been breached, those who develop silicosis may pursue legal claims. Written by Jim Hester, barrister at Parklane Plowden Chambers.

PI & Clinical Negligence weekly highlights—17 July 2025

This week’s edition of PI & Clinical Negligence weekly highlights includes Ministry of Justice proposals to streamline the RTA Small Claims Protocol process, a thought-provoking article exploring whether social media platforms could be considered defective products under current product liability frameworks and we consider a Court of Appeal ruling on evidential standards in highway claims. We also feature some notable decisions on costs, including the enforceability of Conditional Fee Agreements and a recent judgment clarifying the application of Sanderson orders. In addition, we have our usual round-up of other news, cases, webinars and New Law Journal articles of interest.

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