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

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

Thomson Hayton Winkley—Jordan Wallace

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Construction lawyer returns to Ward Hadaway in Teesside role

Bird & Bird—Shahin Baghaei

Bird & Bird—Shahin Baghaei

Bird Bird hires leading legal transformation expert

NEWS
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
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