Product Liability

A number of Fountain Court members have significant product liability practices, involving a broad range of experience ranging from substantial pharmaceutical and consumer product group actions to individual sale of goods disputes and complex claims across various sectors.

Some of our members benefit from scientific backgrounds, providing invaluable experience when dealing with what are often highly complex technical or statistical issues. We have experience of dealing with issues such as the incorporation of contract terms, exclusion clauses, conflicts of laws and defects, including under the Sale of Goods Act. Our members also specialise in identifying the evidence behind any alleged defective design, pleading the technical causes of defect, and advising on the incorporation and applicability of contractual exclusion clauses.

Fountain Court members have been involved in some of the highest profile product liability claims in recent years spanning a number of sectors, calling upon our expertise in those areas, including aviation, healthcare, insurance and technology. For example, we have advised on a number of product liability disputes involving aircraft including claims resulting from fatal incidents.

Examples of the high-profile matters on which our members have advised include:

• The Grenfell Tower civil litigation
• The Diesel Emissions litigation
• The Hormone Pregnancy Tests litigation
• Pandemrix (swine flu) vaccine
• PIP breast implants litigation
• The Atomic Veterans’ litigation
• The BSE/vCJD litigation
• Aspirin/Reyes’ Syndrome
• Whooping-cough vaccine litigation
• Blood products litigation (Haemophilia/HIV/Hepatitis C)
• The 3rd Generation Oral Contraceptive litigation
• The long-running MMR litigation
• Foetal Anticonvulsant Litigation
• The Porton Down litigation (relating to human experimentation with nerve agents)
• The Human Growth Hormone litigation

Our work includes cases relating to:

• Aviation-related claims
• Claims involving medical devices
• Disputes relating to pharmaceutical products
• Claims relating to consumer products
• Sales of goods disputes
• Disputes over contractual terms including exclusion clauses
• Points relating to conflicts of law