UK Law and Practice Contributed by: Simon Antrobus KC, Mike Atkins, Elizabeth Boon, Richard Sage, David Myhill and Alex Antelme KC, Crown Office Chambers
more either way offences), an unlimited fine, or both. The Guideline would apply to sen - tencing for these offences. The Consumer Protection Act 1987 A breach of safety regulations or of a prohibi - tion notice or notice to warn is punishable on summary conviction only, by up to six months’ imprisonment, an unlimited fine, or both. A breach of a suspension notice is punishable on summary conviction only, by up to three months’ imprisonment, an unlimited fine, or both. Again, it would be open to a sentencing court to have regard to the Guideline. Prosecutions It is not uncommon for prosecutions to be brought under the legislation set out in 1.1 Product Safety Legal Framework by the HSE, local authorities and other regulatory agencies, although there are relatively few reported cas - es. In the context of the GPSR, see for exam - ple R v Kayani [2014] EWCA Crim 2635 and R v Bettridge [2010] EWCA Crim 41; in the context of Section 6 of the 1974 Act, see for example R (Junttan Oy) v Bristol Magistrates Court [2003] UKHL 55 and R v Patchett Engineering Ltd [2001] 1 Cr. App. R. (S.) 40. 2. Product Liability 2.1 Product Liability Causes of Action and Sources of Law There are three main causes of action for bring - ing product liability claims in England and Wales: • “strict liability” claims under the Consumer
• claims in contract. “Strict Liability” Claims Under the CPA The CPA holds producers liable for damage caused by defective products, particularly those that cause personal injury, death or damage to private property. The CPA creates a legal frame - work for consumers to claim compensation from the product’s producer when they suffer harm due to a defect, in the absence of the claimant having to prove any fault. Against whom? A claim under the CPA can be brought against: • the “producer” of the product, which normally means the person who manufactured it; • any person who holds themselves out to be the producer of the product by virtue of put - ting their name or trade mark on the product; or • any person who has imported the product into the UK in order to supply it to another during the course of their business. In limited circumstances, a claim under the CPA can also be brought against the supplier of a product, where a claimant requests the supplier to identify one or more of the persons identified above, and the supplier fails to comply with that request or identify the person. Where two or more persons identified above are liable for the same damage, their liability is joint and several. Key elements In order to bring a claim under the CPA, the fol - lowing key elements must be established: • defect; • damage; and
Protection Act 1987 (CPA); • claims in negligence; and
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