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17 March 2021 / Sarah Moore , Stuart Warmington
Issue: 7925 / Categories: Features , Regulatory , Brexit , Health & safety , EU
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Product liability: into the unknown

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Product liability post-Brexit: Sarah Moore & Stuart Warmington discuss what the post-Brexit ‘new world’ might look like for product regulation in the UK
  • What might the post-Brexit ‘new world’ look like for product regulation in the UK? Can the UK’s domestic regulator alone keep us safe? And what legal challenges will be created?

Irrespective of whether the words in this title trigger Frozen 2 flashbacks, or not, they pose a crucial question in the context of post-Brexit product liability.

On 31 December 2020, we moved out of the Brexit transition period, and into, well, the unknown, with respect to the network of institutions and agencies across the EU that have worked alongside our domestic regulator—the Medicines and Healthcare Regulatory Authority (MHRA)—to protect patients and consumers from unsafe medical products.

The UK entered the European Economic Community, the predecessor to the EU, in 1973. A year prior, Sir Harold Evans at the Sunday Times had broken the story of the Thalidomide tragedy. Evans’s reporting exposed

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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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