UK Law and Practice Contributed by: Lisa Lunt and Sarah Samuel, Fletchers Solicitors
may arise from deficiencies in design, manufacture, warnings or post-market conduct. Contractual claims, by contrast, focus on breach of express or implied terms, particularly those relating to quality and fitness for purpose under consumer and commercial sale of goods legislation. 2.2 Standing to Bring Product Liability Claims Standing to bring a product liability claim depends on the cause of action relied upon. Claims under the CPA are typically brought by indi - viduals who have suffered damage caused by a defec - tive product. In negligence, standing is broader. Claims may be brought by any person who could reasonably be fore - seen as being affected by the product, including end users and, in appropriate circumstances, third par - ties such as bystanders. There is no requirement for a direct contractual relationship between claimant and defendant. Contractual product claims remain subject to the doctrine of privity, meaning that only parties to the relevant contract will ordinarily have standing to sue. However, statutory exceptions and mechanisms such as assignment may, in limited circumstances, permit third parties to pursue contractual claims. 2.3 Time Limits for Product Liability Claims The applicable limitation period for a product liability claim depends on the legal basis on which the claim is brought. Claims in negligence and contract are governed by the Limitation Act 1980. Personal injury claims must generally be commenced within three years from the date on which the claimant knew, or ought reason - ably to have known, that they had suffered injury or damage attributable to the relevant act or omission. Other negligence and contractual claims are typically subject to a six-year limitation period, running from the date of damage (in negligence) or breach (in con - tract), subject to specific provisions relating to latent damage.
Statutory claims under the CPA are subject to a dual limitation regime. Proceedings must be issued within three years of the date of damage or the claimant’s date of knowledge. In addition, such claims are sub - ject to a strict ten-year longstop period, running from the date on which the product was first put into cir - culation. This longstop cannot be extended and oper - ates as an absolute bar to a claim under the Act. 2.4 Jurisdictional Requirements for Product Liability Claims As a general rule, the courts of England and Wales will have jurisdiction over a product liability claim where the defendant is domiciled in England and Wales, or where the damage and resulting loss were suffered within the jurisdiction. Where both parties are domi - ciled in England and Wales, jurisdiction will rarely be contentious. Where a defendant is based outside the jurisdiction, the claimant will generally require the court’s permis - sion to serve proceedings out of the jurisdiction. In deciding whether to grant permission, the court will consider whether the claim falls within one of the rec - ognised jurisdictional gateways and whether England and Wales is the proper forum for the dispute. In product liability claims framed in tort (including neg - ligence and claims under the Consumer Protection Act 1987), commonly relied-upon gateways include cases where: • the damage was sustained (or is likely to be sus - tained) in England and Wales; • the damage results from an act or omission com - mitted within the jurisdiction; or • the claim is governed by English law. In practice, these requirements are often satisfied where the claimant is based in England and Wales, the product was supplied or used here and the alleged injury or property damage occurred domestically. Questions of applicable law remain relevant to the jurisdictional analysis. For non-contractual obliga - tions, the Rome II regime generally applies, with the default position being that the applicable law is that of the place where the damage occurs.
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