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Product liability revisited

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

Weightmans—Emma Eccles & Mark Woodall

Weightmans—Emma Eccles & Mark Woodall

Firm bolsters Manchester insurance practice with double partner appointment

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Jackson Lees Group—five promotions

Private client division announces five new partners

NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
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