Product liability update - November 2019

Published on 02 December 2019

A round-up of some of the recent stories making the news.

Non-party costs – Supreme Court judgment in Travelers Insurance Company LTD v XYZ

The Supreme Court’s recently handed down judgment in Travelers Insurance Co Ltd v XYZ provides guidance on insurers’ potential costs liability in relation to wholly or partly uninsured claims. This will have particular relevance to group actions including a mixture of insured and uninsured claims. Read more

800,000 defective Whirlpool tumble dryers potentially still in use within the UK

A parliamentary committee has warned that up to 800,000 defective tumble dryers may still be in use, at least four years after they were alleged to be a fire risk. Read more

Pret A Manger to face trial in Bath

Pret A Manger and vegan-food supplier Planet Coconut are set to appear at Bristol Crown Court in December, following the death of a customer who suffered a fatal dairy-related allergy. Read more

Court of Appeal endorses a risk/benefit approach to assessing defective products

In our May 2019 issue, we reported on the case of Sandra Bailey & Ors v GlaxoSmithKline UK Ltd. The trial started in 29 April 2019, and involved an action for damages by Claimants alleging that Seroxat (an anti-depressant) is defective under s3 Consumer Protection Act 1987. A recent ancillary Court of Appeal judgment in the case has important general ramifications for product liability claims. Read more


Uncertainty reigns in relation to the United Kingdom’s proposed departure from the European Union. There is no definitive indication of what Brexit will hold for manufacturers, suppliers and insurers of products, but the government continues to issue guidance. Read more

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