Tag Archives: Consumer Protection Act

High Court provides guidance on the interpretation of “defect” under the Consumer Protection Act 1987

In a landmark judgment on the meaning of "defect" under the Consumer Protection Act 1987 ("the Act"), Mr Justice Hickinbottom in the High Court case of Wilkes v DePuy adopted an objective test for safety by reference to what the … Continue reading

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Filed under Pharmaceuticals and Healthcare, Product safety

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

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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Filed under UK