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08 May 2015 / Thomas Jervis
Issue: 7651 / Categories: Features , Personal injury
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What defect?

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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

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NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
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.

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