UK

Court of Appeal considers meaning of a product under a contractors’ combined liability policy

In Aspen Insurance UK Limited v Adana Construction Limited [2015] EWCA Civ 176, the Court of Appeal considered the meaning of a “Product” under the terms of a Building Services Combined Liability Policy. The Court of Appeal adopted a purposive … Continue reading

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Filed under Insurance, UK

Consultation on new sentencing guidelines for corporate manslaughter and health and safety offences

The Sentencing Council for England and Wales has launched a consultation on new guidelines to be used by courts when passing sentence for corporate manslaughter and health and safety offences. This follows a review of sentences passed by the courts … Continue reading

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

Consumers are doing it for themselves – Consumer Protection Regulation

A new civil right of action for consumers became available on 1 October 2014, against traders and businesses which have employed certain misleading or aggressive practices, under The Consumer Protection (Amendment) Regulations 2014 (the “2014 Regulations”).

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Filed under Retail, UK, Uncategorized

Conflict of laws in product liability cases and the territorial application of the Consumer Protection Act 1987

Lawrence Allen & Others v Deputy International Limited [2014] EWHC 753 (QB) The English High Court handed down judgment in a case concerning the applicable law in relation to product liability claims and the territorial scope of the Consumer Protection … Continue reading

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Implications of the Jackson cost reforms in England and Wales: qualified one way costs shifting

From April 2013, businesses which successfully defend personal injury claims will no longer be able to recover their legal costs from the claimant.  This signals a major change in the balance of power in civil litigation and is expected to … Continue reading

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Filed under Costs, UK

Causation and the use of epidemiological evidence in English law

The test for causation in a tortious claim has been the subject of incremental modifications and exceptions.  In the consumer sphere, the difficulty encountered by claimants because of the state of scientific knowledge, may be such that it is not … Continue reading

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Filed under Causation, UK