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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

Ward Hadaway—19 promotions

Ward Hadaway—19 promotions

19 promotions across national offices, including two new partners

Brabners—Ruth Hargreaves

Brabners—Ruth Hargreaves

Partner promoted to head of corporate team

Slater Heelis—Liam Hall, Jordan Bear & Joe Madigan

Slater Heelis—Liam Hall, Jordan Bear & Joe Madigan

Chester office expansion accelerates with triple appointment

NEWS
As AI chatbots increasingly provide legal and commercial advice, English law is beginning to confront who should bear responsibility when automated systems get things wrong
Businesses are facing a ‘dramatic rise in prosecution risks’ as sweeping reforms to corporate criminal liability come into force, expanding the net of who can be held responsible for wrongdoing inside organisations
The Court of Appeal’s decision in Mazur v Charles Russell Speechlys has reignited debate over what exactly counts as the ‘conduct of litigation’ in modern legal practice
A controversial High Court financial remedies ruling has reignited debate over secrecy, non-disclosure and fairness in divorce proceedings involving hidden wealth
Britain’s deferred prosecution agreement regime is undergoing a significant shift, with prosecutors placing renewed emphasis on corporate cooperation, reform and early self-reporting
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