Emma Spence
Emma specialises in product liability matters, including property damage and injury claims, and the policy indemnity issues which are frequently associated with those claims.
She often works with manufacturers, distributors and retailers, and their insurers, from a range of sectors, including retail, food and drink, life sciences and the construction industry. She also has expertise in handling product recall claims and related regulatory investigations.
She commonly deals with claims which involve international supply chains and regularly provides advice in relation to the jurisdictional challenges which these claims can present.
In addition to product liability matters, she handles a range of property damage claims typically involving fire or escape of water within residential or commercial premises.
She is well versed in dealing with the policy indemnity issues which often accompany public and product liability claims. She advised in relation to financial loss extensions, considered the concept of "damage" in admixture claims and advised in relation to the application of recall and replacement exclusions. She has also considered the remedies available to insurers for the breach of risk and claims conditions, and arguments surrounding waiver and estoppel.
Practice Area
Panel
- Contributing Author
Qualified Year
- 2012
Experience
- Simmons & Simmons LLP (2022 - Present)
- DWF Law LLP (2017 - 2022)
- Berrymans Lace Mawer LLP (2010 - 2017)
Qualifications
- Legal Practice Certificate (2009)
- Law LLB (Hons) (2008)
Education
- University of Law (2008-2009)
- University of Birmingham (2005 - 2008)
4 Contributions by Emma Spence
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
If you expected to see yourself on this page, click here.
