Simon Castley
Simon is a partner in the Litigation and Arbitration group at CMS. He has extensive expertise in product liability, regulation, and class action issues with a sector focus on consumer products and manufacturing industry, including major FMCG and automotive companies.
Simon is increasingly involved in supporting manufacturers in connection with new legislation that has the potential to create an unfavourable regulatory environment and adversely impact the levels of claims against them.
Simon was previously the London office managing partner of a prominent US litigation (defendant) practice specialising in product liability law.
Practice Area
Panel
- Contributing Author
Qualified Year
- 1983
Experience
- Shook, Hardy & Bacon International LLP (1995 - 2025)
- Alsop Wilkinson (1988 - 1995)
Qualification
- LLB, 1982
Education
- UCL, 1979-1984
4 Contributions by Simon Castley
PRACTICE NOTES
Product liability and safety risk management across the supply chain in Great Britain: contractual protections, insurance, compliance and recall planning
This Practice Note sets out the exposures producers face regarding their responsibility to members of the public for hazardous or sub-standard products placed on the Great Britain market, and the measures that producers can adopt to control that risk.
Risks
Any business supplying consumer goods (or items that could end up in a consumer’s hands) must be alert to current legislation and common law remedies, and to the dangers it confronts if a product fails to work properly or creates a risk to users or other members of the public.
End-users who buy dangerous or sub-standard goods may be able to bring claims:
for breach of contract against the seller under the Consumer Rights Act 2015 (CRA 2015)
directly against a manufacturer under a product guarantee
where there is personal injury or damage to property other than the product supplied:
in negligence
in strict liability under the Consumer Protection Act 1987 (CPA 1987)
Importers and others in the supply chain may face direct financial claims, as well as contractual claims from customers. In turn, they may seek to recover any losses from...
Commercial
PRACTICE NOTES
UK Product Liability under the Consumer Protection Act 1987: Defect Test, Liable Parties, Damages, Defences, Limitation, Product Safety Regime and Post-Brexit/EU Reforms
This Practice Note outlines the law on product liability and defective goods under the Consumer Protection Act 1987 (CPA 1987). The Act places liability on producers of defective products. It examines what amounts to a defect for the purposes of the CPA 1987, which parties in the supply chain may face liability, the extent of that liability and any contributory negligence considerations, the categories of damages recoverable, and the defences available to a producer. It also reviews leading case law affecting the meaning of defect and the burden of liability under the CPA 1987, namely Wilkes v DePuy and Gee v DePuy, and notes plans for future reform in this field.
Statutory framework
CPA 1987 gave effect in UK law to Council Directive 85/374/EEC on liability for defective products (the EU Product Liability Directive or EU PLD). Part I of the CPA 1987 imposes strict liability on producers for damage caused by defects. After the end of the implementation period for the UK’s transition away from the EU, the definition of ‘producer’ under the CPA 1987 diverges from that under the EU PLD (see further ‘Intersection with EU law’ below)...
Commercial
CHECKLISTS
B2B product safety and liability contracting: UK drafting checklist—standards, warranties/indemnities, insurance, audits, data retention, recalls, governing law/jurisdiction, and post‑Brexit EU issues
This checklist
This checklist highlights the principal issues to address when preparing contractual terms for business to business agreements on product safety and liability. See Practice Note: Product liability risk management for producers for guidance on controlling risk ahead of new supply arrangements, including carrying out appropriate due diligence on other relevant businesses in the supply chain.
Identify all applicable laws (eg Sale of Goods Act 1979, Sale and Supply of Goods Act 1994, Consumer Protection Act 1987, General Product Safety Regulations 2005, SI 2005/1803, Consumer Rights Act 2015 and Digital Markets, Competition and Consumers Act 2024), as well as any standards and codes of practice that govern the products. Take into account specific legislation for the manufacture, import and sale of particular goods such as fireworks, cosmetics, toys, pharmaceuticals and medical devices, personal protective equipment (PPE), gas appliances, food and animal feed, and automotive. See Practice Notes: Consumer protection for defective or dangerous products—legal bases, Product liability and defective products and General Product Safety Regulations 2005—Offences.
Identify industry best practice (for example, from trade associations) together with the business' internal policies and procedures, and assess how these should shape any contractual clauses.
...
Commercial
CHECKLISTS
UK product safety management and recall planning: legal and compliance checklist (OPSS guidance; PAS 7100:2022/PAS 7050:2022; UKCA/CE/UKNI)
This Checklist
This Checklist outlines the principal points a business should weigh up when confronting a product safety issue. It explains what to build into systems for managing product liability exposure in this field, with reference to the Code of Practice on Product recalls and other corrective actions (PAS 7100:2022).
Pinpoint all applicable laws (eg Sale of Goods Act 1979, Sale and Supply of Goods Act 1994, Consumer Protection Act 1987, General Product Safety Regulations 2005 (GPSR 2005), SI 2005/1803, Consumer Rights Act 2015, Digital Markets, Competition and Consumers Act 2024), standards, and codes of practice (eg Code of Practice on Product recalls and other corrective actions (PAS 7100:2022) and Code of Practice on Bringing Safe Products to the Market (PAS 7050:2022)) that govern the products. See Practice Notes: Consumer protection for defective or dangerous products—legal bases, Product liability and defective products and General Product Safety Regulations 2005—Offences.
Also, identify industry best practice (eg by trade associations) and consider putting it into effect.
Take into account specific regimes for the manufacture, import and sale of particular goods such as fireworks, cosmetics, toys, pharmaceuticals and medical devices, food and animal feed, and automotive.
...
Commercial
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