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10 May 2024 / Sarah Moore , Lily Parmar
Issue: 8070 / Categories: Features , Procedure & practice , Damages , EU
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Going Dutch on product liability law?

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Sarah Moore & Lily Parmar look at the impact of a recent Dutch ruling for product liability lawyers in the UK
  • In February 2024, a court in Amsterdam certified the first ‘opt out’ product liability group action anywhere in Europe.
  • This landmark ruling marks the Netherlands out as truly progressive in a legal context. Could the UK Law Commissions follow the Netherlands lead?

The Netherlands has long been seen as a bastion of progressivism, social tolerance and good old-fashioned common sense. The landmark decision of a court in the Hague, against oil giant Shell, in May 2021, requiring it to cut its carbon emissions by 45% is the most high-profile recent example of this. However, it is perhaps a lesser-known procedural innovation in the Netherlands, the Dutch Act on Collective Damages Claims (WAMCA), introduced in January 2020, that holds the truly revolutionary potential to deliver the kind of mass access to justice that claimant lawyers in other countries, including the UK, can currently only dream about.

Happily,

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MOVERS & SHAKERS

Slater Heelis—Charlotte Beck

Slater Heelis—Charlotte Beck

Partner and Manchester office lead appointed head of family

Civil Justice Council—Nigel Teasdale

Civil Justice Council—Nigel Teasdale

DWF insurance services director appointed to Civil Justice Council

R3—Jodie Wildridge

R3—Jodie Wildridge

Kings Chambers barrister appointed chair of R3 Yorkshire

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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