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Product Liability


The pharmaceutical and healthcare industries have found themselves involved in an ever-increasing number of disputes in recent years, often involving very large sums of money and complex group litigation in the US and elsewhere.  This has, in turn, led to an increase in litigation between companies operating in the industry and their liability insurers, often involving a wide variety of complex coverage issues.

As the leading insurance and reinsurance set in the UK, 7KBW has extensive experience of acting in and advising on insurance and reinsurance disputes involving the pharmaceutical and healthcare industries.  Members of Chambers are regularly involved in liability insurance and reinsurance disputes arising from medical malpractice and product liability claims.  Examples include cases concerning breast cancer, HRT, contraception, anti–psychotic drugs, chemical contamination, asbestos-related diseases and aeroplane engine blades.

Sample cases

Astrazeneca insurance v XL Bermuda and Ace Bermuda – (2013) EWHC 349 (Comm) –  the first time an English Court has dealt with an issue concerning the construction of a “Bermuda Form” policy.

In Kingspan v Borealis David Allen QC, James Brocklebank, Sushma Ananda, and Elizabeth Lindesay acted for the Defendants, Borealis A/S and Borealis UK Limited in a £100 million product liability and misrepresentation claim brought by various companies in the Kingspan Group.

In Balmoral Group Limited v Borealis (UK) Ltd David Allen led Charles Holroyd and Benjamin Parker for the Defendants, successfully defending a claim exceeding £50 million plus costs.

In re Medicamentsmembers acted for the respondent pharmaceutical associations in the last case in the Restrictive Practices Court.  The Director-General of Fair Trading challenged the practice of resale price maintenance (RPM) on branded “over-the-counter” medicines.

 

 

Latest Product Liability News

Astrazeneca v XL Insurance A3/2013/0824

On 28 February 2013 we reported on the decision of Flaux J in Astrazeneca Insurance v XL Bermuda and Ace Bermuda [click here], the first case in which the English courts had been asked to consider the proper interpretation of a “Bermuda Form” policy. The case concerned a claim by Astrazeneca Insurance, the captive insurer […]

December 20, 2013

Kingspan v Borealis

David Allen QC, James Brocklebank, Sushma Ananda, and Elizabeth Lindesay acted for the Defendants, Borealis A/S and Borealis UK Limited in a product liability and misrepresentation claim brought by various companies in the Kingspan Group. The claim, said by the Claimants at the start of the trial to be worth in excess of £100 million, […]

May 1, 2012

Balmoral Group Limited v Borealis (UK) Ltd

David Allen, Charles Holroyd and Benjamin Parker were involved in this leading case on the seller’s obligations as to the quality of goods supplied under international sale contracts.   One of the largest product liability cases in the Commercial Court, David Allen Q.C. led Charles Holroyd for the Defendants, successfully defending a claim exceeding £50 […]

January 1, 2012

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