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ARTICLE · 22 MAY 2017

Wilkes v DePuy (2016)

Clyde & Co
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Wilkes v DePuy (2016) – QBD departs from previous authorities on "Defect" claims under the Consumer Protection Act 1987 and confirms no requirement of absolute safety in all circumstances...

United KingdomConsumer Protection
Harry Riyat
Harry Riyat
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Wilkes v DePuy (2016) – QBD departs from previous authorities on "Defect" claims under the Consumer Protection Act 1987 and confirms no requirement of absolute safety in all circumstances

Mr Justice Hickinbottom's seminal decision in Wilkes v DePuy (2016) EWHC 3096 (QB) marks a substantial departure from Burton J's controversial approach to "defect" under section 3 of the Consumer Protection Act 1987 in A v National Blood Authority (2001) 3 All E.R. 289.

The decision provides clarity on the circumstances which may be taken into account when assessing the level of safety that persons are generally entitled to expect. Crucially, it confirms that there is no requirement for absolute safety in all circumstances and will provide useful ammunition when defending many product liability claims.

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