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10 May 2024 / Sarah Moore , Lily Parmar
Issue: 8070 / Categories: Features , Procedure & practice , Damages , EU
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Going Dutch on product liability law?

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Sarah Moore & Lily Parmar look at the impact of a recent Dutch ruling for product liability lawyers in the UK
  • In February 2024, a court in Amsterdam certified the first ‘opt out’ product liability group action anywhere in Europe.
  • This landmark ruling marks the Netherlands out as truly progressive in a legal context. Could the UK Law Commissions follow the Netherlands lead?

The Netherlands has long been seen as a bastion of progressivism, social tolerance and good old-fashioned common sense. The landmark decision of a court in the Hague, against oil giant Shell, in May 2021, requiring it to cut its carbon emissions by 45% is the most high-profile recent example of this. However, it is perhaps a lesser-known procedural innovation in the Netherlands, the Dutch Act on Collective Damages Claims (WAMCA), introduced in January 2020, that holds the truly revolutionary potential to deliver the kind of mass access to justice that claimant lawyers in other countries, including the UK, can currently only dream about.

Happily, for a group of women in the Netherlands,

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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