PINNACLE METAL HIP LITIGATION: FURTHER JUDGMENT OF THE HIGH COURT ON THE INTERPRETATION OF “DEFECT” UNDER THE CONSUMER PROTECTION ACT 1987

Following on from Wilkes v DePuy International Ltd [2016] EWHC 3096 (QB), the High Court has confirmed the approach to be taken when determining whether a product is defective under the Consumer Protection Act 1987 (“the Act”). In Gee & Others v DePuy International Limited [2018] EWHC 1208 (QB) (“the Pinnacle Metal Hip Litigation”), Mrs … Read more

Developments in New York products liability law

In this article, we present a summary of significant products liability cases from October 1, 2015, to September 30, 2016. Our article covers a range of developments concerning failure to warn claims, the exercise of personal jurisdiction, federal preemption, expert testimony as to causation, the learned intermediary doctrine, and class actions. Read more

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 might be encountered by British citizens and businesses. Read more

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 v Maccaferri Limited [2016] EWCA Civ 1302 confirms the helpful guidance provided by the Commercial … Read more

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 and recall insurance policies. It also outlines practical considerations for insureds in product recall planning and … Read more