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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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MOVERS & SHAKERS

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper strengthens international disputes team with appointment of leading arbitration partner

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau strengthens trust and estates disputes team with new appointments

Bellevue Law—Shannon Moore

Bellevue Law—Shannon Moore

Bellevue Law strengthens employment disputes and international advisory capability with senior associate appointment

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More than 500 former rugby players can pursue brain injury claims despite serious failures to disclose documents ordered by the High Court
When does a solicitor’s retainer become a contentious business agreement? The Court of Appeal’s decision in Broadfield Law UK LLP v Barnes shows that listing hourly rates alone will not do, leaving firms and clients uncertain about their rights over bills
Developers in areas with poorly performing councils can apply directly to the Planning Inspectorate for permission under section 62A of the Town and Country Planning Act 1990
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