We’re now nearly two years from when the transition period under the EU-UK Withdrawal Agreement came to an end, but there remains a great deal of uncertainty regarding its impact, including with respect to product liability and product regulation.

At the domestic level, whilst much of the European Union Act 2018 was concerned with preserving law, a key change was made to the Consumer Protection Act 1987, which radically redefines the legal status of some UK businesses. At the international level, the certainty previously afforded by the Brussels I Regulation on jurisdiction has now been lost. And at the regulatory level, UK businesses continue to adapt to changing product safety rules. As we move forwards, the UK and the EU are separately considering reforms to the product liability and regulatory regimes, meaning further divergence is perhaps inevitable.

In this product liability update, Dan West, Head of Product Liability at HF, together with Michael Rawlinson KC and Max Archer of 12 King’s Bench Walk, consider the ongoing impact of Brexit on product liability and product regulation.

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