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17 January 2025 / Sarah Moore , Katie Bohl
Issue: 8100 / Categories: Features , Health & safety , Damages
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Drifting apart on consumer protection

A new Product Liability Directive for Europe, the same old Consumer Protection Act for the UK: will UK claimants be left clinging to the wreckage? Sarah Moore & Katie Bohl analyse the growing rift
  • The new EU Product Liability Directive contains a number of claimant-friendly innovations, including the extension of the longstop period from ten to 25 years, and a reduction in the burden of proof on the injured party.
  • Post-Brexit, UK claimants will not be able to reap the benefits of the new Directive, and must instead continue to bring claims under the almost 40-year-old Consumer Protection Act 1987.

In October 2024, the final text of the new EU Product Liability Directive (2024/2853) (the new PLD) was signed and formally adopted in Strasbourg. This replaces the previously applicable Product Liability Directive 1985 (85/374/EEC) (the old PLD), enshrined in UK law as the Consumer Protection Act 1987 (CPA 1987).

A new PLD for Europe

The new PLD makes interesting reading and includes several innovations that may well

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MOVERS & SHAKERS

Birketts—four appointments

Birketts—four appointments

Firm expands partnership with four lateral hires across key practice areas

Harper James—Lottie Hugo

Harper James—Lottie Hugo

Commercial law firm announces appointment of corporate partner

Carey Olsen—Patrick Ormond

Carey Olsen—Patrick Ormond

Partner joins corporate and finance practice in British Virgin Islands

NEWS
Serial sperm donor Robert Albon has lost his bid for a declaration of paternity, ‘on the ground that to grant it would manifestly be contrary to public policy’
The government is considering wholesale reform of consumer class actions—the ‘opt-out’ collective claims certified by the Competition Appeals Tribunal (CAT)
A ‘sophisticated suspected fraud’ may have taken place at PM Law involving the improper removal and misuse of about £39.5m of client funds, the Solicitors Regulation Authority (SRA) has confirmed
The Serious Fraud Office (SFO) will invest in technology to catch tech-reliant fraudsters and handle voluminous case materials
Law firms enjoyed rapid growth in 2025, according to a Financial Benchmarking Survey, published by the Law Society last week
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