Proof of defect under the CPA 1987: Hufford v Samsung Electronics – Henderson Chambers

Posted March 17th, 2015 in consumer protection, defective goods, evidence, news by sally

‘To what extent must a claimant relying on the Consumer Protection Act 1987 (“the Act”) prove with precision the nature of a defect in a product said to have caused him or her damage?’

Full story (PDF)

Henderson Chambers, 9th January 2015

Source: www.hendersonchambers.co.uk

Dalmare SpA v Union Maritime Ltd and another – WLR Daily

Dalmare SpA v Union Maritime Ltd and another [2012] EWHC 3537 (Comm); [2012] WLR (D) 391

“Section 14(2) of the Sale of Goods Act 1979 implied a term into a memorandum of agreement for the sale of a vessel sold ‘as she was’ that the goods would be of satisfactory quality.”

WLR Daily, 13th December 2012

Source: www.iclr.co.uk

Gebr Weber GmbH v Wittmer Putz v Medianess Electronics GmbH – WLR Daily

Posted June 29th, 2011 in consumer protection, defective goods, EC law, law reports by sally

Gebr Weber GmbH v Wittmer Putz v Medianess Electronics GmbH Joined cases C-65/09 and C-87/09; [2011] WLR (D) 210

“Where consumer goods, installed in good faith by the consumer, were not in conformity with the contract under which the consumer had purchased and and were restored to conformity by way of replacement, the seller was obliged pursuant to article 3(2)(3) of Parliament and Council Directive 1999/44/EC either to remove the goods from where they had been installed and to install the replacement goods there or else to bear the costs of that removal and installation. The seller could not refuse to replace the defective goods on the ground that the costs were disproportionate but it could limit the payment to a proportionate amount.”

WLR Daily, 16th June 2011

Source: www.iclr.co.uk

Land of Leather ‘toxic sofa’ customers win payout – The Guardian

Posted December 15th, 2010 in compensation, defective goods, news, personal injuries by sally

“More than 400 customers who suffered burns and injuries from sofas bought from collapsed firm finally win compensation.”

Full story

The Guardian, 15th December 2010

Source: www.guardian.co.uk

O’Byrne v Aventis Pasteur MSD Ltd – WLR Daily

O’Byrne v Aventis Pasteur MSD Ltd [2010] UKSC 23; [2010] WLR (D) 137

“In a claim under the Consumer Protection Act 1987 based on the rights conferred under Council Directive 85/374/EEC concerning liability for defective products, which by art 11 required proceedings to be brought against the producer within ten years of the product being put into circulation, domestic law could not allow the producer to be substituted as the defendant outside that period in place of a wholly-owned subsidiary (who was the supplier but had been erroneously thought to be the producer) unless the parent company had actually determined when the supplier put the product in circulation.”

WLR Daily, 27th May 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

O’Byrne v Aventis Pasteur MSD Ltd – WLR Daily

O’Byrne v Aventis Pasteur MSD Ltd [2010] UKSC 23; [2010] WLR (D) 137

 “In a claim under the Consumer Protection Act 1987 based on the rights conferred under Council Directive 85/374/EEC concerning liability for defective products, which by art 11 required proceedings to be brought against the producer within ten years of the product being put into circulation, domestic law could not allow the producer to be substituted as the defendant outside that period in place of a wholly-owned subsidiary (who was the supplier but had been erroneously thought to be the producer) unless the parent company had actually determined when the supplier put the product in circulation.”

WLR Daily, 27th May 2010

Source: www.lawreports.co.uk

Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Shops ordered to pay £20m over ‘toxic sofas’ – BBC News

“A number of High Street chains has been ordered to pay up to £20m ($31m) to 2,000 people who received chemical burns from sofas.”

Full story

BBC News, 26th April 2010

Source: www.bbc.co.uk

Judge rejects ‘toxic sofa’ claims in burns injury cases – BBC News

“More than 300 people who suffered burns from a chemical used on Land of Leather sofas will not receive compensation, the High Court has ruled.”

Full story

BBC News, 18th March 2010

Source: www.bbc.co.uk

Parents sue pushchair maker over ‘injury warnings’ – BBC News

Posted December 9th, 2009 in defective goods, news, personal injuries by sally

“A group of parents is suing pushchair maker Maclaren claiming it knew its products had injured children and ignored warnings others could get hurt.”

Full story

BBC News, 9th December 2009

Source: www.bbc.co.uk

Aventis Pasteur SA v OB – WLR Daily

Posted December 4th, 2009 in consumer protection, defective goods, EC law, law reports, limitations by sally

Aventis Pasteur SA v OB (Case C-358/08); [2009] WLR (D) 352

“The Community Directive on liability for defective products normally precluded a producer of a product from being substituted, after the expiry of the 10-year limitation period, for a defendant who had been sued within that period.”

WLR Daily, 3rd December 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Consumer Remedies for Faulty Goods – Law Commission

Posted November 4th, 2009 in consumer protection, defective goods, sale of goods, special report by sally

“On 4 November 2009, the Law Commission and the Scottish Law Commission published a final report with recommendations on simplifying the law on consumer remedies for faulty goods.”

Full report

Law Commission , 4th November 2009

Source: www.lawcom.gov.uk

 

Retailers want to retain consumers’ right to reject faulty goods, say law commissions – OUT-LAW.com

Posted May 18th, 2009 in consumer protection, defective goods, news, sale of goods by sally

“Businesses as well as consumers have backed the UK Government’s attempts to retain shoppers’ right to return faulty goods for an immediate refund. A consultation has found that retailers as well as shoppers back the stance.”

Full story

OUT-LAW.com, 15th May 2009

Source: www.out-law.com

Delay in ‘toxic sofa’ payout – BBC News

Posted March 30th, 2009 in class actions, defective goods, news, personal injuries by sally

“Hundreds of people who suffered burns and rashes from faulty leather sofas will have to wait longer to find out if they are to be paid compensation.”

Full story

BBC News, 27th March 2009

Source: www.bbc.co.uk

Lawyers finalising ‘sofa rash’ compensation bid – The Independent

Posted March 27th, 2009 in class actions, defective goods, news, personal injuries by sally

“Lawyers were today finalising a compensation bid on behalf of more than 4,000 customers allegedly left with rashes and burns after buying faulty sofas.”

Full story

The Independent, 27th March 2009

Source: www.independent.co.uk

Consumer remedies for faulty goods – Law Commission

Posted November 11th, 2008 in consultations, consumer protection, defective goods, sale of goods by sally

“On 10 November 2008 the Law Commission published jointly with the Scottish Law Commission a consultation paper on consumer remedies for faulty goods.”

Full consultation paper

Law Commission, 10th November 2008

Source: www.lawcom.gov.uk

Law Commissions want to keep UK consumers’ refund rights – OUT-LAW.com

Posted November 11th, 2008 in consumer protection, defective goods, news, sale of goods by sally

“UK consumers should be able to demand refunds for faulty goods despite attempts by the European Commission to undermine that right, the Law Commission and the Scottish Law Commission have said.”

Full story

OUT-LAW.com, 10th November 2008

Source: www.out-law.com