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.
Contact the Product Liability clerking team.
If you require help or advice please contact our clerking team.
Call - +44 (0)20 7583 9020
or email our clerks
Expertise
- 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
- The Office for Product Safety and Standards
Representative cases
grid list-
VW NOx Diesel Emissions litigation
Group action arising from noxious car emissions
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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.
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Seroxat Group Litigation
Instructed by GlaxoSmithKline in pharmaceutical claims in the Seroxat Group Litigation
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Dring (on behalf of The Asbestos Victims Support Groups Forum UK) -V- Cape Intermediate Holdings Ltd [2020] EWHC 1873 (QB)
The Cape v Dring litigation concerns an attempt by a non-party to obtain copies of the trial bundle used during a six-week asbestos trial involving Cape which settled before judgment in early 2017. At first instance the Master granted the non-party permission to have copies of all documents, including the trial bundle of 5000 pages of disclosure, referred to at the trial. The Supreme Court confirmed in July 2019 that the non-party was entitled to written submissions, witness statements and expert reports under the inherent jurisdiction of the court, but remitted the question of what, if any, documents in the trial bundle the non-party should obtain to the original trial judge. On 16 July 2020 Picken J considered that question and held that Mr Dring was not entitled to receive any other documents. Details here