A recent Dutch ruling could have potential impact for product liability lawyers in the UK, write Sarah Moore, partner, and Lily Parmar, paralegal, Leigh Day, in this week’s NLJ
In February 2024, an Amsterdam court certified the first ‘opt out’ product liability group action anywhere in Europe. The case concerns textured breast implants and is brought on behalf of about 60,000 women. The relevant legislation is the Dutch Act on Collective Damages Claims (WAMCA).
Could the UK Law Commissions follow the Netherlands’ lead? Moore and Parmar look into the case, the legislation and the scope for similar action in the UK. They write: ‘There can be little doubt that in order to facilitate real access to justice, in the context of product liability claims and beyond, claimant lawyers need access to the type of collective/group actions that are now available in the Netherlands through procedural innovations such as WAMCA.’
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