header-logo header-logo

10 May 2024 / Sarah Moore , Lily Parmar
Issue: 8070 / Categories: Features , Procedure & practice , Damages , EU
printer mail-detail

Going Dutch on product liability law?

171879
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,

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Thackray Williams—Lucy Zhu

Thackray Williams—Lucy Zhu

Dual-qualified partner joins as head of commercial property department

Morgan Lewis—David A. McManus

Morgan Lewis—David A. McManus

Firm announces appointment of next chair

Burges Salmon—Rebecca Wilsker

Burges Salmon—Rebecca Wilsker

Director joins corporate team from the US

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
back-to-top-scroll