Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Consumer definition

What does Consumer mean? A consumer is, in practice, an individual who acquires goods, services or digital content for personal use, not for the purposes of a trade, business, craft or profession. The precise meaning is statutory and context‑specific. England & Wales and Scotland: The Consumer Rights Act 2015, s2(3), defines a consumer as an individual acting for purposes wholly or mainly outside their trade, business, craft or profession (capturing mixed‑purpose purchases where the business purpose is not predominant). The Unfair Contract Terms Act 1977 instead asks whether a party “deals as consumer”, a distinct test relevant to exclusion and limitation clauses. The Sale of...

UK Product Liability under the Consumer Protection Act 1987: Defect Test, Liable Parties, Damages, Defences, Limitation, Product Safety Regime and Post-Brexit/EU Reforms

Published by a LexisNexis Commercial expert

Practice notes

$imgtext$

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)...

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Simon Castley

CMS Cameron McKenna Nabarro Olswang LLP

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....

Elizabeth-Anne Larsen

CMS Cameron McKenna Nabarro Olswang LLP

Elizabeth-Anne Larsen is a Senior Associate – Solicitor Advocate in CMS’ London office, specialising in both regulatory and litigation primarily in the fields of product liability, lifesciences, consumer products, tech, media, and healthcare. Elizabeth-Anne is an active member of the Product Liability, Life Sciences & Healthcare, Consumer Products, and Disputes sector groups at CMS. She also leads various associate groups by serving as Co-Head of CMS’ Global Life Sciences and Healthcare Associates Group, as Co-Head of the UK Life Sciences Associates Group, and she established and leads CMS’ Global Product Liability Group. Elizabeth-Anne is dual-qualified in both the US (Texas) and England & Wales. She has vast experience in both jurisdictions in various matters of life sciences and healthcare law, including advising life sciences, consumer products, tech, and media companies on regulatory, compliance, and liability issues; managing multi-district litigation (US) and group...

Web page updated on 29/05/2026

Popular documents

Using the Judicial College Guidelines to assess general damages in personal injury claims

When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...

Tomlin orders in England and Wales: CPR guidance on drafting, confidentiality, approval, variation, enforcement, limitation, CCA issues, court-specific requirements, sample wording and precedents

This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...

Precedent: Deed of Surrender of Lease with Optional Premium, Settlement and Release, Landlord, Mortgagee and Guarantor Consents, Reimbursement and HM Land Registry Provisions (England and Wales)

Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...

Precedent Statutory Declaration: Standard Wording under the Statutory Declarations Act 1835

I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...