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
