Product liability

Chambers has “members who are routinely sought out to defend and pursue complex and high-value claims”, including from the life sciences sector (Chambers UK 2020, Insurance).

Members of chambers have extensive experience of advisory work and dispute resolution across this important practice area. Our commercially-focused practice spans contract law and civil wrongs, and includes managing the consequences of ancillary regulatory and criminal proceedings, and any associated breaches of consumer law.

Our members have acted in significant group actions.  They have advised on disputes involving the pharmaceutical and healthcare industries, as well as disputes concerning the construction, energy, shipping and manufacturing industries.  Members are also regularly involved in liability insurance and reinsurance disputes, including medical negligence and product liability claims. They have advised, and acted in, cases concerning breast cancer, mesothelioma, hormone replacement therapy, contraception, anti–psychotic drugs, hip replacements, pesticides, chemical contamination, opioids, aeroplane engine blades and many other products.

They are also expert in heavyweight commercial claims between insurers in this area, including dealing with the construction of “Bermuda Form” policies in product liability matters affecting the US market. Members give advice to both policyholders and insurers on insurance compliance issues, as well as defensive precautionary improvements, by request, to help ensure proper continuing risk management.

Much of our work in the area is covered by arbitration, and remains confidential; however, signature cases include AstraZeneca insurance v XL Bermuda, the Balmoral Group litigation, and Kingspan v Borealis.