John Doherty
John Doherty is a Partner in the Regulatory and Commercial Dispute Resolution team at Penningtons Manches Cooper LLP. He advises UK and international clients on a range of issues, including: product safety / liability; product recalls; marking; labelling; environmental sustainability; product recalls and advertising.
He also acts in commercial disputes and counsels on: conflicts of laws / jurisdiction; Bribery and corruption; and contentious aspects of Competition law compliance.
Practice Area
Panel
- Contributing Author
Qualified Year
- 1998
Experience
- Hogan Lovells LLP (1996 - 2008)
Qualification
- Solicitor Advocate (civil and criminal) (2002)
Education
- LLB (Hons) Middlesex University (1992)
- LPC University of Law (1996)
4 Contributions by John Doherty
PRACTICE NOTES
Ecodesign and energy labelling: Great Britain offences, sanctions and OPSS enforcement, including rights of entry, cost recovery, appeals and product recall; with Northern Ireland enforcement position
Scope of Note
This Practice Note centres on offences, sanctions and enforcement relating to the regulation of ecodesign and energy information in Great Britain, as provided in the Ecodesign for Energy-Related Products Regulations 2010, SI 2010/2617 (EEPR 2010), the Ecodesign for Energy-Related Products and Energy Information (Amendment) Regulations 2021, SI 2021/745 (EEPEIR 2021), and the Energy Information Regulations 2011, SI 2011/1524 (EIR 2011). It also sets out the enforcement position in Northern Ireland. For more on how the Northern Ireland Protocol (Windsor Framework) applies to environmental law, see Practice Note: What does the Northern Ireland Protocol (Windsor Framework) mean for the application of environmental law? This Practice Note forms part of a suite addressing the legal regime for product ecodesign, including:
GB Ecodesign of products—manufacturers, importers and authorised representatives
GB Ecodesign of products—responsibilities of suppliers and dealers
GB Ecodesign of products—lifecycle assessment
GB Ecodesign of products—manufacturers, importers and authorised representatives
Ecodesign and lifecycle assessment—overview
Legislation
The EEPR 2010 regulate the design of products in the UK. The aim of the EEPR 2010 was to cut carbon dioxide emissions by managing...
Environment
PRACTICE NOTES
Ecodesign of energy-related products in Great Britain and Northern Ireland: obligations for manufacturers, importers and authorised representatives; UKCA/CE marking, conformity assessment and right to repair
This Practice Note provides guidance on the obligations imposed on manufacturers, importers and authorised representatives by ecodesign legislation as well as providing details on the statutory right to repair
The Ecodesign for Energy-Related Products Regulations 2010, SI 2010/2617 (as amended) (the ‘2010 Regulations’) prescribe the duties of the relevant parties concerning ecodesign across Great Britain. The Ecodesign for Energy-Related Products and Energy Information Regulations 2021, SI 2021/745 set requirements for particular ERPs and ERP categories, operating as an implementing measure for the purposes of the 2010 Regulations. The 2021 Regulations include:
definitions identifying which ERPs are within scope,
energy performance, resource efficiency and other product-specific ecodesign criteria for regulated ERPs,
the information and technical documentation that responsible persons must provide for those ERPs,
measurement methodologies and calculations used to determine the relevant data for regulated ERPs,
verification procedures for post-marketing surveillance for those ERPs, and
‘right to repair’ duties applicable to certain products.
For further detail on the right to repair, see Practice Note: GB Ecodesign of Products—right to repair. See also News Analysis: Comment—Government publishes...
Environment
PRACTICE NOTES
Great Britain energy labelling: suppliers’ and dealers’ duties, product scope, advertising/rescaling rules and enforcement under ELR 2017 and the Energy Information Regulations
Practice Note
This Practice Note outlines the duties of suppliers and dealers in Great Britain (GB) under the ecodesign framework, with particular emphasis on product energy labelling. Dealers’ obligations within the ecodesign regime are largely confined to labelling, whereas suppliers face a broader set of requirements, briefly touched on below; however, the principal focus here is the supplier obligations concerning energy labels. Note that distinct obligations may apply in Northern Ireland.
The key point of reference for the labelling duties of suppliers and dealers is Assimilated Regulation (EU) 2017/1369 of the European Parliament and of the Council of 4 July 2017 establishing the energy labelling framework and repealing Directive 2010/30/EU, known in GB as the Energy Labelling Regulation 2017 (ELR 2017).
Supplier: ELR 2017, article 2(14) defines this as a manufacturer established in GB, the authorised representative of a manufacturer not established in GB, or an importer, who places a product on the market.
Dealer: ELR 2017, article 2(13) defines this as a retailer or any other natural or legal person offering for sale, hire, or hire purchase, or displaying products to customers or installers in the course of a commercial activity, whether or not in...
Environment
PRACTICE NOTES
Great Britain: Life Cycle Assessment for Ecodesign—ISO 14040/14044 methodology, stages, benefits and OPSS PAS 7770:2024 guidance
This Practice Note explains the definition and categories of life cycle assessments (LCAs) as set out in international standards such as ISO 14040:2006 and ISO 14044:2006. It also outlines the methodology, phases and stages of LCAs before highlighting their benefits and relevance.
What is a life cycle assessment?
Under ISO 14040, a life cycle assessment is the compilation and appraisal of inputs, outputs and the potential environmental effects of a product system across its whole life cycle. ISO describes a product system life cycle as the consecutive, interlinked stages from raw material acquisition or extraction of natural resources through to final disposal, commonly termed a cradle-to-grave analysis. A product system covers both goods and services. By examining the complete life cycle of a product or service, a thorough and integrated review of all inputs and outputs is undertaken, allowing the total environmental impact of creating the product or service to be assessed. The purpose of an LCA is to develop a comprehensive understanding of these impacts and support sustainable decision-making. Environmental management and sustainability are key drivers for carrying out such assessments, as their recommendations often facilitate...
Environment
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