An Insurers’ Guide to Product Liability

We welcome all members & guests to attend a seminar which will be presented by Isabel Barter.

Isabel has a busy common law and commercial practice, with a particular focus on professional negligence, product liability, property damage, and travel and jurisdiction.

Isabel has appeared in the High Court, Court of Appeal and the Supreme Court. Isabel is recommended in the legal directories for professional negligence, where she is described as described “driven and intelligent, she is excellent”, “very user friendly and approachable”, “thorough and easy to deal with – she gets completely on top of the problems” and that she “gets to grips with documents like no other junior”. Isabel will also be listed in Chambers UK Bar 2019 for product liability, where she acts for claimants and defendants. Notable cases include Allen & Others v Depuy International Limited [2015] 2 WLR 442 (concerning the applicable law and territorial scope of the Consumer Protection Act 1987) and have included claims involving a wide range of products installed in commercial premises, industrial products, domestic electrical products and boilers, medical implants, toys and gymnastic equipment and even components of a nuclear fusion reactor.

In this seminar, Isabel will explore the building blocks and hurdles of a typical Consumer Protection Act 1987 claim from an insurers’ perspective. Isabel will also explore the little-known Part II of the Consumer Protection Act 1987, which might provide a further avenue of recovery for a non-consumer.

Learning Objectives:

• Understand the test for ‘defect’ in a product;
• Understand what should be preserved at a scene;
• Understand what investigations should be undertaken;
• Understand how causation differs from a negligence claim, and what evidence might be required to succeed;
• Identify the common pitfalls in such claims.

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