Criminal Liability for Defective Products

Herbert Smith Freehills has contributed to the Global Legal Group’s latest international guide, ICLG to: Product Liability 2019.  Read the chapter on Criminal Liability for Defective Products by Howard Watson, Anthony Dempster and David Bennett here.   Read more

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 Commercial Practices Directive (2005/29/EC) – which prohibits misleading and aggressive commercial practices. The Price Indication … 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

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 of when the relevant offence was committed.  They are expected to result in significantly larger … 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