Product liability

Product liability

Product liability - Related Cases

  • Wilkes v DePuy International Limited [2016] EWHC 3096 (QB) (Major decision dealing with the approach to “defect” under the Consumer Protection Act 1987)

  • Howmet Ltd v Economy Devices Ltd [2016] EWCA Civ 847 - Fire claim, product liability, corporate knowledge and causation

  • Howmet Ltd v Economy Devices Ltd [2014] EWHC 3933 (TCC)
    Fire claim and product liability.

  • Lawrence Allen v Depuy International Limited [2014] EWHC 753 (QB), Stewart J
    hip prosthesis – defective product – foreign claimants – applicable law – application of Consumer Protection Act 1987.

  • Love v Halfords Ltd  [2014] P.I.Q.R. P20
    product liability - successfully defended claim brought against Halfords Limited under the Consumer Protection Act 1987 - claim failed due to the nature and cause of the alleged bicycle defect and that it was not present at the date of supply

  • Argos Limited v Leather Trade House Limited [2012] EWHC 1348 (QB), Thirlwall J
    professional negligence – breach of contract – breach of duty of care – product liability – contaminated sofas

  • PIP Breast Implant litigation
    Advising the Welsh Ministers on the recovery of the cost to the NHS of replacing defective implants

  • James v Eli Lilly & Co Limited [2009] EWHC 198, Dobbs J
    first known attempt by a claimant to cap a defendant's costs in a unitary action, a pharmaceutical product liability claim, claimant contending that her ability to bring her claim was being thwarted by the extent of the Defendant's likely costs in defending the action, appropriate tests to be applied.

  • Alan Ide v ATB Sales [2008] EWCA Civ 424 and [2007] EWHC 1667 QB (Gray J)
    claim under Consumer Protection Act 1987 for serious head injuries sustained in fall from mountain bike - causation where there are alternative explanations for the loss - application of The Popi M [1985] 1 WLR 948 

  • Vibixa Ltd v Komori UK Ltd & ors [2006] EWCA Civ 536; [2006] 1 WLR 2472
    no claim for breach of statutory duty (in respect of property damage and economic losses) for non-compliance with regulations implementing the Machinery Directive 89/392 EEC

  • Tioxide Europe v CGU International Insurance [2005] EWCA Civ 928, affirming [2005] Lloyds Rep IR 114 (Com Ct)
    product liability insurance

  • Sayers v Smith Kline Beecham, Merck & Co Inc [2004] EWHC 1899 (QB) Keith J
    court approval of offers of settlement by pharmaceutical company defendant following the withdrawal of legal aid to children in group action: MMR Vaccine Litigation

  • Premier Profiles Ltd v Tioxide Europe Ltd and Kronos Inc [2002] 10 BLR 467
    product liability - confiential information - trade secrets

  • XYZ v Schering Healthcare Limited & ors [2003] 70 BMLR 88 and [2002] EWHC 1420 Mackay J
    pharmaceutical product liability - epidemiological studies considering the differential risk between second and third generation oral contraceptives

  • Afrika & ors v Cape plc, XYZ v Schering Health Care Limited & ors, Sayers v Smith Kline Beecham & ors  [2001] EWCA Civ 2017; The Times 14 January 2002
    costs-sharing in multi-claimant product liability actions

  • Davis v Jacobs, Camden & Islington HA and Novartis [1999] 3 Med Law Reports 72, CA
    limitation and date of knowledge in clinical negligence / product liability clinical trial claim

  • Carroll v Fearon and Dunlop Limited [1998] PIQR P416, CA
    product liability - claim in negligence concerning the manufacture of a defective tyre


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