header-logo header-logo

04 November 2011 / Karen O’Sullivan
Issue: 7488 / Categories: Features , LexisPSL , Personal injury
printer mail-detail

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Clarke Willmott—Matthew Roach

Clarke Willmott—Matthew Roach

Partner joins commercial property team in Taunton office

Farrer & Co—Richard Lane

Farrer & Co—Richard Lane

Londstanding London firm appoints new senior partner

Bird & Bird—Sue McLean

Bird & Bird—Sue McLean

Commercial team in London welcomes technology specialist as partner

NEWS
The legal profession’s claim to be a ‘guardian of fairness’ is under scrutiny after stark findings on gender imbalance and opaque progression. Writing in NLJ this week, Joshua Purser of No5 Barristers’ Chambers and Govindi Deerasinghe of Global 50/50 warn that leadership remains dominated by a narrow elite, with men holding 71% of top court roles
A legal challenge to police disclosure rules has failed, reinforcing a push for transparency in policing. In NLJ this week, Neil Parpworth examines a case where the Metropolitan Police required officers to declare membership of groups like the Freemasons
Bereavement leave is undergoing a quiet but profound transformation. Writing in NLJ this week, Robert Hargreaves of York St John University explains how the Employment Rights Act 2025 introduces a day-one right to leave for a wider range of losses, alongside new provisions for pregnancy loss and bereaved partners
Courts are beginning to grapple with whether AI-generated material is legally privileged—and the answers are mixed. In this week's issue of NLJ, Stacie Bourton, Tom Whittaker & Beata Kolodziej of Burges Salmon examine US rulings showing how easily privilege can be lost
New guidance seeks to bring order to the growing use of artificial intelligence (AI) in expert evidence. Writing in NLJ this week, Minesh Tanna and David Bridge of Simmons & Simmons set out a framework stressing ‘transparency’, ‘explainability’ and ‘reliability’
back-to-top-scroll