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 –
- 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
- Review of relevant jurisprudence from the European Court of Justice
- 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.
For help or advice please call +44 (0)20 7242 3555 or complete the form below
A member of the Clerking team will help you resolve your request.
Frequently asked questions
Do you have an out of hours number?
Yes, please call Chambers mainline number +44 (0)20 7242 3555 and you will be directed to the out of hours phone lines.
How can I find out whether 7BR can take my case?
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.
Will my barrister deal with all the correspondence?
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.
How do I instruct a barrister?
Please visit our direct access page for the initial steps on instructing a barrister, or contact our clerks on +44 (0)20 7242 3555.
