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In this blog, we explore how developments in technology have created new types of product liability and safety risks and given rise to new categories of damage. We also examine developments in the mechanisms for claiming damages.
It is undeniable that the way consumers purchase their products and engage with services on the internet has changed substantially since times past. The modern consumer has global buying power, and suppliers must adapt in order to meet this consumer demand. This change in consumer behaviour has brought both benefits, but also introduced legal risks that have required careful consideration by regulators and legislators alike.
In Practice Series – How to mitigate the growing risk from consumer class actions and collective redress in Europe
In the last ten years there has been a significant growth in the use of collective redress or representative actions ('group litigation'), a legal mechanism which may stop or prevent unlawful business practices that affect multiple claimants or compensate them for harm caused by these practices, within the EU and UK.
Financier Worldwide (FW) discusses regulating AI in the life sciences sector with Samantha Silver, Sarah-Jane Dobson, Charlie Whitchurch and Paula Margolis at Kennedys Law LLP.
A roundup of recent court decisions raising issues relating to limitation defences in Scotland, the role of experts, the application of the Civil Liability (Contribution) Act 1978, and contracting out of fixed costs.
A summary of recent legal and regulatory developments in products law through the lens of the 'S' in ESG - environmental, social and governance. Social factors often receive less attention than their environmental and governance counterparts, but are of growing importance for businesses and their insurers.
November's publication of the 2022 Doyle's Guide directory covering all Australian states has seen Kennedys continue its ranking success.
The Irish Court of Appeal has voiced strong criticism of the “hired gun” expert who takes on the role of advocate, and has signalled much tighter control and greater enforcement of the rules relating to expert evidence (Duffy v McGee Insulation Services). The Court also warned that lawyers who call experts who do not comply with their duties to the Court may face adverse consequences in respect of legal costs.
On 28 September 2022, the European Commission (EC) published its much-awaited proposals to significantly reform the EU Product Liability Directive (85/374/EEC) (PLD). The existing PLD came into force in July 1985 and has been the mainstay law governing redress for defective products across the EU. The legislation imposes a strict liability for defective products which have caused a loss to consumers.
Environmental, social and governance (ESG)-type obligations are increasingly imposed on actors in the modern product supply chain. Such obligations impact all stages of the product lifecycle and additionally impose subject-matter specific reporting obligations on companies in respect of these matters.