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17 January 2025 / Sarah Moore , Katie Bohl
Issue: 8100 / Categories: Features , Health & safety , Damages
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Drifting apart on consumer protection

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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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

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Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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