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Tyred out

04 November 2011 / Karen O’Sullivan
Issue: 7488 / Categories: Features , LexisPSL , Personal injury
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Practitioners should tread carefully around product liability claims, says Karen O’Sullivan

Vehicle tyres are something that we tend, but ought not, to take for granted. The effect of them going wrong can be tragic. This basic fact seems to have had something of an impact on the decision of MacKay J in Divya v. Toyo Tire and Rubber Co Ltd [2011] EWHC 1993 (QB), [2011] All ER (D) 264 (Jul). There was nothing particularly odd about most of the facts. The vehicle in which the allegedly defective tyre was fitted was travelling along the outside lane of the M4, slightly exceeding the speed limit, when according to independent witness evidence, there was a sudden loss of control by the driver caused by the failure of one of vehicle’s tyres. There were no other vehicles involved but the six occupants all sustained serious injuries and one died. The survivors sued the tyre manufacturer.

Legal & factual oddities

There was at least one factual oddity: the tyre was some nine years old yet its tread

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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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