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04 November 2011 / Karen O’Sullivan
Issue: 7488 / Categories: Features , LexisPSL , Personal injury
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Tyred out

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Practitioners should tread carefully around product liability claims, says Karen O’Sullivan

Vehicle tyres are something that we tend, but ought not, to take for granted. The effect of them going wrong can be tragic. This basic fact seems to have had something of an impact on the decision of MacKay J in Divya v. Toyo Tire and Rubber Co Ltd [2011] EWHC 1993 (QB), [2011] All ER (D) 264 (Jul). There was nothing particularly odd about most of the facts. The vehicle in which the allegedly defective tyre was fitted was travelling along the outside lane of the M4, slightly exceeding the speed limit, when according to independent witness evidence, there was a sudden loss of control by the driver caused by the failure of one of vehicle’s tyres. There were no other vehicles involved but the six occupants all sustained serious injuries and one died. The survivors sued the tyre manufacturer.

Legal & factual oddities

There was at least one factual oddity: the tyre was some nine years old yet its tread

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MOVERS & SHAKERS

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Commercial firm strengthens real estate disputes team with associate hire

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NEWS
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NLJ this week: Mazur and more—inside the litigation frontline

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

NLJ this week: Social media bans for children spark legal dilemmas
Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
NLJ this week: Leasehold reform risks creating ‘forgotten freeholders’
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
NLJ this week: Court of Appeal clarifies when a claim truly begins
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
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The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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