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In this report, Kennedys experts highlight recent legal and regulatory developments in the product safety and product liability sphere, and provide an overview of the key topics and trends that are likely to impact upon corporates and their insurers in the months ahead.
Unsafe products can lead to claims for reimbursement, compensation and/or other remedies. A rise in consumer led litigation and mass harm events, particularly in relation to consumer products, highlighted the need for EU consumers to have an effective mechanism by which they could bring group actions and enable access to justice.
This report examines the key features of the Directive of the European Parliament and of the European Council on representative actions for the protection of the collective interests of consumers and its wider impact on consumer-led litigation across Europe, including comparative insights into national class action mechanisms in the United Kingdom, Belgium, Denmark, France, Portugal, Spain and Ireland.
On Monday 22 June 2020, the European Parliament and the European Council reached agreement on draft legislation that will introduce a standardised ‘collective action’ regime empowering qualified representative entities to bring collective actions and seek redress on behalf of groups of EU consumers in respect of infringements of EU law.
Case review 04/05/2020
In a reminder of the scrutiny to which the courts will use when reviewing costs budgets, the High Court has rejected an application by group litigation claimants to retrospectively revise a previously approved costs budget and reduced a future budget by more than half.
Case review 14/11/2019
In Bailey & Ors v GlaxoSmithKline “The Seroxat Group Litigation” [08.11.19] the Court of Appeal decided that it was impermissible for the claimants to expand the scope of their pleaded case at trial, which was previously determined at both the case management stage and during the pre-trial review.
Case review 06/12/2016
High Court defines ‘defective product’ under the Consumer Protection Act 1987 in landmark case.
Case review 19/03/2014
A landmark decision in the High Court this week (Mr Justice Stewart, judgement 18.03.04) for all those engaged in product liability with an international perspective, in which Kennedys represented the successful defendant manufacturer.