header-logo header-logo

04 November 2022 / Sarah Moore , Stuart Warmington
Issue: 8001 / Categories: Features , Profession , Commercial
printer mail-detail

The new Product Liability Directive: fireworks or fizzle?

99722
Don’t get your hopes up? Sarah Moore & Stuart Warmington consider the European Commission’s proposals for a claimant-friendly overhaul of the PLD
  • The European Commission’s proposed updates to the Product Liability Directive include a focus on bringing liability rules up to date for the digital era, and easing the burden of proof in complex cases.
  • However, it is unclear what impact the proposed reforms will have in practice— particularly in the UK post-Brexit.

At the end of September, the European Commission published its proposal for an updated Product Liability Directive (PLD). In principle, the commission’s proposals promise a claimant-friendly overhaul of the existing PLD. In practice however, particularly for product liability litigators practising in the UK, there are good reasons to suspect that the proposed amendments may result in more of a fizzle than a firework.

The proposals

The original PLD was first adopted by member states almost 40 years ago, in 1985. Since that date much has changed, and will continue to

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

Bellevue Law—Lianne Craig

Bellevue Law—Lianne Craig

Workplace law firm expands commercial disputes team with senior consultant hire

EIP—Rob Barker

EIP—Rob Barker

IP firm promotes patent attorney to partner

Muckle LLP—Ryan Butler

Muckle LLP—Ryan Butler

Banking and restructuring team bolstered by insolvency specialist

NEWS
The Supreme Court has delivered a decisive ruling on termination under the JCT Design & Build form. Writing in NLJ this week, Andrew Singer KC and Jonathan Ward, of Kings Chambers, analyse Providence Building Services v Hexagon Housing Association [2026] UKSC 1, which restores the first-instance decision and curbs contractors’ termination rights for repeated late payment
Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
back-to-top-scroll