header-logo header-logo

What defect?

08 May 2015 / Thomas Jervis
Issue: 7651 / Categories: Features , Personal injury
printer mail-detail
nlj_may_8_jervis

Thomas Jervis salutes the landmark product liability ruling in Boston Scientific

The Court of Justice of the European Union recently published its long awaited decision in Boston Scientific Medizintechnik v AOK Sachsen-Anhalt C503/13 and C504/13. This decision has important ramifications for practitioners in the field of product liability who deal with the EC Product Liability Directive 85/374/EEC (the directive) and the Consumer Protection Act 1987 (CPA 1987).

Boston Scientific suggests that a problem product may be “defective” without having to show that the product is defective in each individual case.

Background

The directive was adopted in 1985 and was implemented into UK law by the CPA 1987. This came in the wake of the Thalidomide scandal, and was a move across the EU to establish a harmonised regime to mediate between the interests of business to make profit and innovate, versus an accessible recourse for injured consumers.

Recital 2 of the directive discusses liability without fault on the part of the producer being “the sole means of adequately solving the problem, peculiar to

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

Gibson Dunn—London partner promotions

Gibson Dunn—London partner promotions

Firm grows international bench with expanded UK partner class

Shakespeare Martineau—six appointments

Shakespeare Martineau—six appointments

Firm makes major statement in the capital with strategic growth at The Shard

Myers & Co—Jess Latham

Myers & Co—Jess Latham

Residential conveyancing team expands with solicitor hire

NEWS
One in five in-house lawyers suffer ‘high’ or ‘severe’ work-related stress, according to a report by global legal body, the Association of Corporate Counsel (ACC)
The Legal Ombudsman’s (LeO’s) plea for a budget increase has been rejected by the Law Society and accepted only ‘with reluctance’ by conveyancers
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
back-to-top-scroll