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17 March 2021 / Sarah Moore , Stuart Warmington
Issue: 7925 / Categories: Features , Regulatory , Brexit , Health & safety , EU
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Product liability: into the unknown

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Product liability post-Brexit: Sarah Moore & Stuart Warmington discuss what the post-Brexit ‘new world’ might look like for product regulation in the UK
  • What might the post-Brexit ‘new world’ look like for product regulation in the UK? Can the UK’s domestic regulator alone keep us safe? And what legal challenges will be created?

Irrespective of whether the words in this title trigger Frozen 2 flashbacks, or not, they pose a crucial question in the context of post-Brexit product liability.

On 31 December 2020, we moved out of the Brexit transition period, and into, well, the unknown, with respect to the network of institutions and agencies across the EU that have worked alongside our domestic regulator—the Medicines and Healthcare Regulatory Authority (MHRA)—to protect patients and consumers from unsafe medical products.

The UK entered the European Economic Community, the predecessor to the EU, in 1973. A year prior, Sir Harold Evans at the Sunday Times had broken the story of the Thalidomide tragedy. Evans’s reporting exposed the UK as a ‘Wild West’ in which poorly tested drugs, with limited

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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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