header-logo header-logo

Fairytale of New York: product liability law in the UK

03 December 2020 / Sarah Moore
Issue: 7913 / Categories: Features , Commercial
printer mail-detail
33611
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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Kate Gaskell, Flex Legal

NLJ Career Profile: Kate Gaskell, Flex Legal

Kate Gaskell, CEO of Flex Legal, reflects on chasing her childhood dreams underscores the importance of welcoming those from all backgrounds into the profession

Dorsey & Whitney—Jonathan Christy

Dorsey & Whitney—Jonathan Christy

Dispute resolution team welcomes associate in London

Winckworth Sherwood—Kevin McManamon

Winckworth Sherwood—Kevin McManamon

Special education needs and mental capacity expert joins as partner

NEWS
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
Professor Dominic Regan of City Law School highlights a turbulent end to 2025 in the civil courts, from the looming appeal in Mazur to judicial frustration with ever-expanding bundles, in his final NLJ 'The insider' column of the year
Antonia Glover of Quinn Emanuel outlines sweeping transparency reforms following the work of the Transparency and Open Justice Board in this week's NLJ
back-to-top-scroll