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Drifting apart on consumer protection

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17 January 2025 / Sarah Moore , Katie Bohl
Issue: 8100 / Categories: Features , Health & safety , Damages
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A new Product Liability Directive for Europe, the same old Consumer Protection Act for the UK: will UK claimants be left clinging to the wreckage? Sarah Moore & Katie Bohl analyse the growing rift
  • The new EU Product Liability Directive contains a number of claimant-friendly innovations, including the extension of the longstop period from ten to 25 years, and a reduction in the burden of proof on the injured party.
  • Post-Brexit, UK claimants will not be able to reap the benefits of the new Directive, and must instead continue to bring claims under the almost 40-year-old Consumer Protection Act 1987.

In October 2024, the final text of the new EU Product Liability Directive (2024/2853) (the new PLD) was signed and formally adopted in Strasbourg. This replaces the previously applicable Product Liability Directive 1985 (85/374/EEC) (the old PLD), enshrined in UK law as the Consumer Protection Act 1987 (CPA 1987).

A new PLD for Europe

The new PLD makes interesting reading and includes several innovations that may well make access to justice easier for those impacted by defective products

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