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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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MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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