Jurisdiction(s):
United Kingdom

Key definition

Claim definition

What does Claim mean? In practice, a claim is a party’s demand for a remedy from a court or tribunal against another, initiated by issuing the originating process. It seeks relief such as damages, an injunction, specific performance, restitution or a declaration, and rests on an identifiable cause of action (or equivalent legal basis). The term is descriptive (not generally defined by statute) and shaped by civil procedure rules. In England and Wales, a claimant brings a claim under the CPR by claim form (Part 7 or Part 8) against a defendant. It includes counterclaims and additional claims (contribution, indemnity or set‑off). In...

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

Published by a LexisNexis Commercial expert

Precedents

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...

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

DOWNLOAD THIS DOCUMENT

David Kidman

Simmons & Simmons

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...

Emma Spence

Simmons & Simmons

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...

Emily Crouch

Simmons & Simmons

Emily is an associate in the Insurance & Construction Group, specialising in product liability disputes. She has a range of experience in product recall processes, including managing initial complaint investigations, notifying trading standards, coordinating expert evidence collection, and pursuing recovery actions. Emily assists in providing practical and strategic advice to clients navigating complex product recall scenarios. ...

Web page updated on 22/05/2026

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 ]...