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24 February 2017 / Alison McAdams
Issue: 7735 / Categories: Features , Personal injury
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Product liability revisited

The new approach adopted in Wilkes constitutes a practical & welcome way forward, says Alison McAdams

  • Manufacturer’s product was not defective.
  • A product’s safety was a relative concept.
  • Potential benefits had to be weighed against risks.

Judicial consideration of what it means for a product to be considered defective, pursuant to the European Product Liability Directive (PLD) (85/374/EEC), has been surprisingly rare. This makes the decision of Mr Justice Hickinbottom in Wilkes v DePuy International Limited [2016] EWHC 3096 (QB), [2016] All ER (D) 121 (Dec), whereby an artificial hip component that fractured was not found to be defective and the defendant manufacturer was not liable, of great significance.

The introduction of the PLD & the Hepatitis C litigation

When the PLD was implemented in the UK by the Consumer Protection Act 1987 (CPA) in 1988, it was anticipated that a compensation system based on liability without fault would prove a popular remedy for claimants.

The PLD was, after all, the legislative response to the thalidomide tragedy, along with the creation of the safety framework introduced

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NEWS
The government will aim to pass legislation banning leasehold for new flats and capping ground rent, introducing non-compulsory digital ID and creating a ‘duty of candour’ for public servants (also known as the Hillsborough law) in the next Parliament

An Italian financier has lost his bid to block his Australian wife from filing divorce papers in England on the basis it was no longer her domicile of choice

Reforms to the disclosure regime in the business and property courts have not achieved their objectives, lawyers have warned
The Law Society has urged ministers to hold a public consultation on the use of artificial intelligence (AI) in the justice system as a whole
Ministers have proposed bringing inquest work under a single fee scheme for legal help and advocacy legal aid work
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