Product Liability

“In a league of its own” with a“panoply of eminent product liability specialists”

“In a league of its own” with a“panoply of eminent product liability specialists” at both silk and junior level (Chambers UK), Henderson Chambers is pre-eminent in the field of product liability, consistently ranked by the legal directories as the leading Product Liability set in the country. “Widely regarded as reigning supreme on the defendant side”, it contributes “more barristers to the leaders table than any other set” (Legal 500).

Chambers’ pre-eminence encompasses dispute resolution and advisory work across a range of critical industries, including pharmaceuticals, medical devices, construction, energy, transport, manufacturing, retail, food and drink, and agricultural products.

Over the past 2 decades members of Chambers have been instructed in many of the most significant product liability claims, including group actions concerning Opren, Benzodiazepines, Lariam, Pertussis, Tobacco, Organophosphates, Norplant, MMR, Sabril, Foetal Anti-Convulsants, Seroxat, PIP Breast implants and metal-on-metal hip replacements. Members featured in the “Atomic Veterans”, OCENSA Pipeline and Trafigura cases and most recently the VW NOx Diesel Emissions litigation.

Chambers’ experience in disputes concerning commercial product liability claims and product liability insurance has included the Benzene Litigation and litigation arising from disputes following the Sudan Red, Para Red and petrol contamination product recalls.

Our work encompasses contractual and tortious claims, commercial and personal injury claims involving defective products, regulatory proceedings and prosecutions and advising on precautionary steps and improvements to be taken to ensure compliance with relevant consumer protection legislation, both criminal and civil.

We offer a strong team, at all levels of seniority including recognised leaders in this field both at silk and junior counsel level.

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Expertise

Recent and ongoing Group action claims include:

VW NOx Diesel Emissions litigation
Product liability and consumer claims against manufacturers in the Metal on Metal hip litigation
GlaxoSmithKline pharmaceutical claims in the Seroxat Litigation
Experience of a wide range of products including consumer goods, cosmetics, food, industrial machinery, medical devices, medicines and vehicles.
Product Recall.
Product Safety & Labelling
Trading Standards enforcement actions

Particular experience of complex multi-party litigation including major domestic & international group actions.
Advising in relation to applications for Group Litigation Orders and associated issues in relation to the management of group actions.
Extensive experience of the various legal processes in which product manufacturers/suppliers become involved – whether personal injury/fatal accident claims, commercial claims, trading standards prosecutions and/or coroners’ inquests.
Acting in cross-border disputes and regularly dealing with the jurisdictional issues that arise in product claims.

Representative cases

grid list

VW NOx Diesel Emissions litigation

Group action arising from noxious car emissions
DePuy Pinnacle Metal on Metal hip litigation [2018] EWHC 1208 (QB)

DePuy Pinnacle Metal on Metal hip litigation [2018] EWHC 1208 (QB)

In a decision that will be very influential for other metal on metal claims, on 21 May 2018 judgment was given in favour of the defendant DePuy International Limited on preliminary issues in the DePuy Pinnacle Metal on Metal group litigation.
Seroxat Group Litigation

Instructed by GlaxoSmithKline in pharmaceutical claims in the Seroxat Group Litigation