Local Government analysis: Local Pensions Partnership Administration Ltd (LPPA) awarded a contract under a framework. Acquila Heywood Ltd (Acquila) issued proceedings challenging the award on various bases. LPPA then withdrew the award decision and replaced it with a second decision in which Acquila was again unsuccessful. Acquila did not issue proceedings in respect of the second decision or amend its existing claim. The court held that the automatic suspension which arose under regulation 95 of the Public Contracts Regulations 2015 (PCR 2015), SI 2015/102 only prevented LPPA from awarding the contract pursuant to the first decision. Once that decision had been withdrawn and the bids re-evaluated, it served no further purpose. LLPA was therefore not required to refrain from entering into a contract pursuant to its second decision. LPPA’s application to lift the suspension pursuant to PCR 2015, SI 2015/102, reg 96(1)(a) was unnecessary. Written by Jonathan Lewis, counsel, at Henderson Chambers.

Dispute Resolution analysis: Where multiple parties have acted in concert to assist, arrange or procure another party’s breach of contract, there may be multiple potential causes of action available. The court held that various defendants who had acted in concert to procure breach of a franchise agreement were not liable for the tort of conspiracy to injure by unlawful means, since they did not intend to cause the claimant harm. Nonetheless, some were found liable for the separate economic tort of procuring breach of contract. The case shows clearly the advantages of focusing on the latter. Written by Tom Nixon, barrister at Quadrant Chambers.

Producer responsibility is about making sure that businesses that manufacture, import and sell products are responsible for their end of life environmental impact.

‘Producers Alliance for Television and Cinema’ (PACT) is the UK trade association which represents and promotes the commercial interests of independent feature film, television, digital, children’s and animation media companies. PACT has negotiated industry standard terms of trade with the main UK broadcasters and this has provided structural support allowing for growth of the independent production sector.

means the total Scope 1, 2 and 3 Greenhouse Gas Emissions over the whole life of the [product OR service], from the extraction of raw materials and manufacturing through to its use and final re-use, recycling or disposal, including Greenhouse Gas Emissions associated with the raw materials and services purchased by the Supplier in order to deliver the [product OR service].

This Practice Note summarises the law on product liability and defective products under the Consumer Protection Act 1987 (CPA 1987). CPA 1987 imposes liability on producers of defective products. This Practice Note considers what constitutes a defective product under CPA 1987, who in the supply chain may be liable, their degree of liability and any contributory negligence issues, the type of damages that may be awarded and the various defences available to a producer. It considers significant case law impacting the definition of defect and burden of liability under CPA 1987 as provided for in Wilkes v DePuy and Gee v DePuy and also considers the plans for future reform in this area. Statutory framework CPA 1987 implemented the provisions of Council Directive 85/374/EEC on liability for defective products (the EU Product Liability Directive or EU PLD) into UK law. CPA 1987, Pt I imposes strict liability on producers of defective products for the damage caused by those defects.

What is product liability insurance? Product liability insurance provides an indemnity to a business in respect of legal liability to the end-users of the products which it either manufactures or sells. Broadly speaking, this liability arises under the tort of negligence (see: Donoghue v Stevenson), the strict liability regime imposed by Consumer Protection Act 1987 (CPA 1987) or under contract (either expressly or pursuant to a term implied by Sale of Goods Act 1979, Supply of Goods and Services Act 1982 or Consumer Rights Act 2015). The essence of the cover provided is for liability arising out of personal injury or physical damage to property. Product liability cover does not usually extend to cover damage to the defective product itself or to pure economic loss. Product liability insurance is not compulsory and there is not a single ‘standard form’ product liability policy, but a number of off-the-shelf products are available, often combined with public liability and/or general liability insurance. For larger insureds with higher risk profiles, or where an insured manufactures

This Practice Note looks at product liability in the life sciences sector. It focuses on the strict liability regime under Directive 85/374/EEC (the Product Liability Directive (PLD)), its revision with Directive (EU) 2024/2853 applying from December 2026, and the Consumer Protection Act 1987 (CPA 1987), and considers the relationship with the pharmaceutical and medical devices regulatory frameworks. Also considered, is the proposed EU AI Liability Directive (AILD) and its impact. It discusses the statutory requirements to prove liability for defective products, the statutory defences to liability, and the remedies available to the injured person. This Practice Note also considers liability for off-label use of medicines and medical devices, and liability in the context of clinical trials. The UK regulatory framework for product liability has mainly originated from EU law. Many principles and requirements derived from EU law have been maintained in UK domestic law, unless specific provisions stipulate otherwise. This Practice Note discusses the EU and UK regimes in parallel: considerations on EU legal requirements can be regarded as applicable to the UK

This Practice Note looks at product liability insurance from the perspective of those engaged in the procurement and completion of construction projects, primarily within England and Wales. Forms of product liability insurance are available in other industries, but those are outside of the scope of this Practice Note (see Practice Note: Product liability and product recall insurance and Q&A: What is Products Liability Insurance?). What is product liability insurance and who needs it? Product liability insurance is a type of liability insurance that, in the construction context, is designed to indemnify the insured against liability to third parties for death or bodily injury (other than to employees) or property damage, caused by or arising out of products subject to the policy wording. It may be purchased within a global policy suite under bespoke or broker wordings, through insurers’ individual standalone policies, within contractors all risks policies or within individual project policies. The case law discussed in this Practice Note illustrates the complexities that can arise on construction projects. In particular,

This Practice Note explains the risks faced by producers in respect of their liability to members of the public for dangerous or sub-standard products on the Great Britain market, and the steps which producers can take to manage that risk. Risks Any business trading in consumer goods (or goods that may fall into the hands of a consumer) needs to be aware of the requirements of existing legislation and common law remedies and the risks that it faces if the product fails to function properly or presents a danger to users or other members of the public. End-users who purchase dangerous or sub-standard goods may be able to claim: • for breach of contract against the seller under the Consumer Rights Act 2015 (CRA 2015) • directly against a manufacturer under a product guarantee • where there has been some personal injury or damage to other property besides the product supplied: ◦ in negligence ◦ in strict liability

ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note collates the key resources relating to product liability, product safety and product corrective actions & recall. It covers the position from a UK perspective, and also signposts EU resources to illustrate where UK law has derived from EU law (assimilated law), highlights the divergence between UK and EU law since Brexit, and explains the hybrid position in Northern Ireland. In particular, this Practice Note covers product liability, product safety, product corrective actions, product recall, other statutory safety controls, market surveillance, standards, conformity marking, and labelling. For a high-level comparison of UK and EU product regulation legislation, see Practice Note: Product regulation—UK/EU comparison. Assimilated law is the name given to retained EU law (‘REUL’) which remains in force after the end of 2023. The re-categorisation of REUL (and associated terms) to assimilated law reflects a change in its status and treatment under UK law, in that it is generally to be interpreted according to ordinary

Breach of a contract entered into before 1 October 2015 Breach of a contract entered into on or after 1 October 2015 Negligence Consumer Protection Act 1987 Relevant legislation All contracts entered into prior to 1 October 2015 (whether in a business or consumer context):—Sale of Goods Act 1979 (SGA 1979)—Supply of Goods and Services Act 1982 (SGSA 1982) Consumer contracts entered into from 1 October 2015:—Consumer Rights Act 2015 (CRA 2015) Not applicable Consumer Protection Act 1987 Who can bring a claim —Parties to the contract (purchaser/consumer)—Third parties specifically referred to in the contract (Contracts (Rights of Third Parties) Act 1999) Parties to the contract (purchaser/consumer)—Third parties specifically referred to in the contract (Contracts (Rights of Third Parties) Act 1999) Users of a product or any person provided that the defendant owed them a duty of care, eg bystanders struck by a defective product Person who suffered damage Potential defendants —Parties to the contract (retailer) —Parties to the contract (retailer) Includes but is not limited to:—manufacturer—repairer—assemblers