UK

European Commission finds that consumer protection legislation is fit for purpose but needs to be applied consistently across EU member states to maximise its effectiveness

The "Fitness Check" The European Commission has conducted a "Fitness Check" of six key consumer protection and advertising protection directives: The Misleading and Comparative Advertising Directive (2006/114/EC) – which prohibits advertising that misleads traders and regulates comparative advertising. The Unfair … Continue reading

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Filed under Regulatory compliance, UK

UK Government releases response to Driverless Cars Consultation – January 2017

In January 2017 the UK Government published its response to the views received following its consultation on proposals to support Automated Vehicle Technology ("AVT") and Advanced Driver Assistance Systems ("ADAS"). The project is aimed at overcoming domestic regulatory issues that … Continue reading

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Filed under Product safety, Transport, UK

Court of Appeal considers meaning of notification wording

The Court of Appeal has upheld a decision of the Commercial Court that found an insurer could not rely on a notification condition precedent to avoid liability under a public and product liability policy.  The judgment in Zurich Insurance PLC … Continue reading

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Filed under Insurance, Product safety, UK

Our new guide to product liability and product recall insurance in the UK

In this guide, published as a chapter of the International Comparative Legal Guide to Product Liability 2016, we consider the types of liability to which producers and distributors of defective products may be exposed, and the scope of product liability … Continue reading

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Filed under Insurance, Product recall, Product safety, UK

New sentencing guidelines for corporate manslaughter and health and safety offences come into force today

The Sentencing Council has published guidelines to be used by Judges when sentencing corporate manslaughter, health and safety offences and food safety and hygiene offences. The guidelines will apply to all sentences passed on or after 1 February 2016 irrespective … Continue reading

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Filed under Food & Beverages, Pharmaceuticals and Healthcare, Product safety, UK

Criminal liability for defective products: a refresher

With the coming into force last month of the Consumer Rights Act 2015, there has understandably been a significant focus on the civil remedies available to consumers who purchase defective products (see our recent blog post commenting on the new Act).  … Continue reading

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Filed under Fast Moving Consumer Goods, Food & Beverages, Product recall, Product safety, Retail, UK, Uncategorized

The UK Consumer Rights Act 2015 – key changes that every consumer business should be aware of

The Consumer Rights Act 2015 represents a significant development in the regulation of consumer contracts under UK law. It consolidates and brings consistency to rules that were previously spread across a wide range of different Acts and Regulations. It also … Continue reading

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Filed under Fast Moving Consumer Goods, Food & Beverages, Pharmaceuticals and Healthcare, Product recall, Product safety, Retail, UK, Uncategorized

ADR for consumer disputes: New obligations on businesses from 1 October 2015

The UK government has now published the principal legislation that will implement the European ADR Directive and the European Online Dispute Resolution (ODR) Regulation, both of which seek to encourage the use of alternative dispute resolution schemes to resolve consumer … Continue reading

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Filed under Europe, Fast Moving Consumer Goods, Retail, UK

ECJ lowers level of proof required to prove ‘defect’ in medical products

In Boston Scientific Medizintechnik GmbH v AOK Sachsen-Anhalt and Another the European Court of Justice gave a purposive interpretation to the definition of “defect” for the purposes of the EC Product Liability Directive 85/374/EEC in the context of medical devices.

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Filed under Europe, Pharmaceuticals and Healthcare, Product recall, Product safety, UK

Consumer Rights Act – contracts for goods, services and digital content

A new Consumer Rights Act, which will streamline key consumer rights covering contracts for goods, services, digital content and the law relating to unfair terms in consumer contracts into one place, has received Royal Assent. The Act is expected to … Continue reading

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Filed under UK, Uncategorized