The PIP CrIsIs and the Protection of the Consumer in English Law

Author: Smart, Anthony

Source: King's Law Journal, Volume 24, Number 1, March 2013 , pp. 119-129(11)

Publisher: Hart Publishing

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Abstract:

Concerns over Poly Implant Proth?se (PIP) implants have dominated the media since late 2011, and have prompted not one but two reviews by the Department of Health. In this article I will consider the strength of English law in protecting consumers, and the routes those suffering injury through defective products can take. Thus, I shall consider first the Consumer Protection Act 1987 (CPA), before looking at the avenues offered in both tort and contract. It will be argued that despite some notable failings, the CPA does offer a necessary, if not ideal, alternative to the more well-travelled roads in tort and contract. The final thoughts will consist of a return to the current concerns over PIP implants, wherein it will be averred that the current state of English law provides a strong route for claimants.

Document Type: Research Article

DOI: http://dx.doi.org/10.5235/09615768.24.1.119

Publication date: March 1, 2013

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  • Until 2007 the King's Law Journal was known as the King's College Law Journal. It was established in 1990 as a legal periodical publishing scholarly and authoritative Articles, Notes and Reports on legal issues of current importance to both academic research and legal practice. It has a national and international readership, and publishes refereed contributions from authors across the United Kingdom, from continental Europe and further afield (particularly Commonwealth countries and USA). The journal includes a Reviews section containing critical notices of recently published books.
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