Extension Of Manufacturers' Product Liability Exposure After 10-Year Cut-Off Period
Mondaq Business Briefing › United Kingdom Law Articles in English (2007)
Linked as:
Extract
Extension Of Manufacturers' Product Liability Exposure After 10-Year Cut-Off Period
Summary
In the recent Court of Appeal case of O'Byrne v Aventis Pasteur SA [2007] EWCA Civ 939, Aventis Pasteur SA (the proposed defendant) appealed against an order under s.35 Limitation Act 1980 that it be substituted for the original defendant, which was a secondary supplier. The Court confirmed that s.35 is capable of applying where the 10-year final cut-off period, for claimants to enforce their rights under the Product Liability Directive 85/374/EC, has expired. This decision therefore confirms an earlier Court of Appeal decision in 2001 that a substituted defendant's ability to defend a product liability action commenced before the English Courts on grounds of limitation can be ineffective because of the Courts' powers to retrospectively substitute one defendan...See the full content of this document
Sponsored links
