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Fairytale of New York: product liability law in the UK

03 December 2020 / Sarah Moore
Issue: 7913 / Categories: Features , Commercial
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Now more than ever before, it is crucial that UK litigators find new ways to hold Big Pharma to account, argues Sarah Moore
  • A recent ‘forum non conveniens’ judgment in New York describes the UK as a hostile jurisdiction for claimants seeking to hold Big Pharma to account.
  • Many lawyers in the UK will recognise the accuracy of that description and the systemic issues that have prevented claimants being more successful against Big Pharma in the UK.
  • In the context of a global pandemic and an under-resourced NHS, UK litigators must find new ways to hold Big Pharma to account within the UK court system.

In the dog days of this year’s lockdown spring, when the ‘new normal’ still felt abnormal, a quiet revolution was beginning in the world of UK product liability. On 18 March 2020, a New York court ruled that a British woman, Mrs Fletcher, could litigate her product liability claim against New York-registered defendants, Estee Lauder Inc and Clinique Laboratories

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NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
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