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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

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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