Introduction

This virtual classroom seminar addresses the circumstances in which product liability claims may be brought by overseas residents against Defendants in the courts of England & Wales, as opposed to the courts of their country of residence.

The implications as to the recovery of costs and damages will be addressed, as well as the practical implications of managing such claims involving overseas law firms and English agents, and the interlocking principles concerning jurisdiction and applicable law.

This live session will also address the approach of the English courts to liability and causation when dealing with claims under the Consumer Protection Act 1987 (implementing the EC Product Liability Directive), and how this may differ from the approach of courts in other jurisdictions including the EU and Australia.

These issues are of relevance both for Claimants who may be considering such a claim, and for potential Defendants (manufacturers, importers and distributors) who may be considering the implications of setting up a subsidiary in the UK in respect of litigation risk/exposure.

What You Will Learn

This live and interactive session will cover the following:

  • Jurisdiction – In what circumstances can an overseas resident bring a product liability claim in the English courts?
  • Applicable Law – What national law will be applied by the English courts to the issues of liability, causation, the assessment of damages, and the recoverability of legal costs
  • Liability/Causation
  1. Review of the up-to-date case law as to the approach of the English courts to the issue of ‘defect’ and causation under the EC Product Liability Directive/Consumer Protection Act 1987
  2. Review of relevant jurisprudence from the European Court of Justice
  3. Recent Australian case law
  • Damages – What damages are likely to be recoverable in such cases?
  • Costs – What legal costs are likely to be recoverable in such cases?

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording – should you wish to revisit the material discussed.

Register and buy tickets here.

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Frequently asked questions

Yes, please call Chambers mainline number +44 (0)20 7242 3555 and you will be directed to the out of hours phone lines.

As a direct access client, please visit our direct access page and complete the initial form, a member of the clerking team will then be in touch to discuss the next steps.

Choosing the right barrister for your case can be difficult, with so many to choose from. Our clerks will be happy to guide you with your choice. Their wealth of knowledge and experience will help you decide the right barrister not just for the case but someone who will work with you.

Some barristers have the ability to “conduct litigation” for direct access clients. Our clerks will be able to assist you as to which of our members are trained and accredited to do so.

Please visit our direct access page for the initial steps on instructing a barrister, or contact our clerks on +44 (0)20 7242 3555.

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