David Kidman
David specialises in resolving product liability disputes, and advising on product recalls. Complementary to this, he is experienced in handling recovery claims (domestically and internationally), regulatory investigations, insurance policy coverage issues, group litigation, and jurisdiction disputes.
He is ranked in Chambers & Partners and Legal 500 for Product Liability: Defendant work, and recognised as having “great knowledge of product liability claims” (Legal 500 2021), “a highly regarded commercial approach” and being a “go-to lawyer for insurers, and their insured clients” (Chambers & Partners 2021).
David routinely advises producers, distributors, retailers and their insurers on a range of product types, such as medical devices, automobiles, toys, and electrical goods. He has particular expertise in the life sciences, tech, food & drink, and retail sectors. He is experienced in robustly defending claims and navigating complex expert evidence, while upholding the reputation of his clients and finding commercially sensible outcomes.
His group litigation experience includes co-drafting a claims handling agreement for predictable and cost-effective resolution of approximately 2,000 claims (Linkwise Group Litigation), and leading the defence in the PIP Breast Implant Group Litigation.
David’s life sciences expertise includes advising clients in relation to spinal disc implants, surgical knives, experimental stem cell treatment for cerebral palsy, and pathology reporting for cancer treatment. His tech sector and novel product expertise includes advising on products including firewall devices, lithium-ion batteries, autonomous vehicle technology, and lightweight bullet-proof vests. He regularly advises clients on tomorrow’s technology, and the risks and opportunities they pose.
Practice Areas
Panel
- Contributing Author
Qualified Year
- 2005
Experience
- Simmons & Simmons LLP (2022 - Present)
- DWF Law LLP (2016 - 2022)
- Berrymans Lace Mawer LLP (2005 - 2016)
Membership
- Higher Rights of Audience – Civil Courts
- Member of British Institute of International and Comparative Law – Product Liability Forum
Qualifications
- Diploma in Legal Practice (2003)
- Law LLB (Hons) (2002)
Education
- Cardiff Law School (2002-2003)
- University of Leicester (1999-2002)
4 Contributions by David Kidman
PRECEDENTS
Precedent: consumer product recall or corrective action notice (safety warning and customer instructions)
IMPORTANT SAFETY WARNING—PRODUCT [ RECALL OR [ insert details of alternate corrective action (eg replacement or repair) ] ] [ Insert product name ] [ Insert photographs of product ]
We have learnt that [ a limited quantity of ] the [ insert product name ] could contain a fault...
Commercial
PRECEDENTS
Product recall clauses for supply contracts: pro‑supplier and pro‑customer versions on notification, record‑keeping, recall authority, regulatory reporting, quarantine, assistance and cost/indemnity allocation
1 —pro-supplier
1.1 The Customer shall promptly advise the Supplier as soon as it becomes aware of any complaint or claim suggesting that any product provided by the Supplier could be defective, faulty, or unsafe in any respect. The Customer must provide the Supplier with:
1.1.1 a copy of the complaint or claim, together with all correspondence exchanged with the complainant or any third party; and
1.1.2 full particulars of the product supplied, including the batch and serial number (or other traceability marking), the date the Supplier supplied the product to the Customer, and the date the Customer supplied it to the complainant (or other third party).
1.2 The Customer must keep and preserve appropriate records for a minimum of ten years after the final supply of the product, sufficient to trace all products supplied by the Supplier. Such records shall include serial and batch numbers (or equivalent traceability markings), delivery dates, and details of the party that purchased the products from the Customer...
Commercial
PRECEDENTS
Product Safety Incident, Recall and Corrective Action Plan Template aligned with PAS 7100:2022 and GPSR 2005
1 Management commitment
Person accountable for the Product Safety Incident Plan (PSIP) [ Insert name and contact details of senior person in the organisation responsible for leading, developing and periodically reviewing the policy, and reporting on its operation to the Board ]
Plan Review Date [ Insert date of next plan review ]
1.1 [ Insert organisation name ] aims to ensure every product it [ produces AND/OR distributes ] is safe, of high quality and meets all applicable legislation and standards. [ Insert organisation name ] evaluates those products and acts to remove, or, where that is not achievable, to reduce, any identified safety risks.
1.2 [ Insert organisation name ] achieves this through quality assurance, ongoing product monitoring [ , review of customer complaints and product returns, ] and risk assessment, in accordance with the relevant section of the PSIP.
1.3 The PSIP has been shaped with contributions from across the business, including [ eg design, production, quality assurance, customer services, legal ].
1.4 [ Insert organisation name ] communicates with its customers and [ suppliers AND/OR distributors AND/OR other supply chain partners ] and takes action when safety issues are detected or reported...
Commercial
PRECEDENTS
UK Product Safety and Recall Response Teamsheet: Internal and External Contacts Template
1 Internal team
Product Safety Lead [Name/contact details]; heads safety; ensures recall records.
Product Manager [Name/contact details]; accountable for products.
R&D/Design [Name/contact details]; leads R&D/design; ensures traceability.
Production [Name/contact details]; person(s) leading production.
Quality Assurance [Name/contact details]; QA and risk; market surveillance.
Purchasing [Name/contact details]; procures raw materials, components or finished goods.
Distribution [Name/contact details]; liaises with distributors/wholesalers.
Sales [Name/contact details]; consumer sales; customer traceability.
Customer Relations [Name/contact details]; handles queries, concerns and complaints.
Logistics [Name/contact details]; transport, storage and disposal for corrective action.
Communications [Name/contact details]; PR, media and external communication.
Legal and Compliance [Name/contact details]; regulatory/standards compliance; regulator liaison; liability/insurance.
Finance [Name/contact details]; financial decisions.
2 External team
Trading Standards Contact [Name/contact details]; main contact at Trading Standards/other market surveillance authority.
Distributor/Producer Contacts [Names/contact details]; supplier and commercial customer contacts.
Product Safety Advisor (Technical) [Name/contact details]; external testing, if applicable.
Product Safety Advisor (Legal) [Name/contact details]; external legal advisors, if applicable.
Trade/Industry Association(s) [Name/contact details]; key association contacts, if applicable.
Insurance Contacts [Name/contact details]; brokers/insurers for liability and recall cover.
Crisis Management/PR contacts [Name/contact details]; trusted crisis/PR providers, if applicable.
Product Recall Specialists [Name/contact details]; trusted corrective action/recall providers where not in house.
...
Commercial
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