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

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).  However, consumer businesses should also give close attention to the potential for criminal prosecution where … Read more

Amended US Federal Rules of Civil Procedure narrow availability of civil discovery and sanctions

Important changes to the US Federal Rules of Civil Procedure (FRCP), which govern the conduct of civil proceedings (including product liability cases) in US federal district court, will take effect on 1 December 2015 (absent US Congressional action, which appears unlikely). While various amendments are slated, the most significant amendments will limit the scope of civil … Read more

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 come into force on 1 October 2015. The Consumer Rights Act replaces eight existing laws, … Read more