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John Leadley

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In brief The European Commission (EC), on 30 June 2021, proposed reforms to the General Product Safety Directive (GPSD) in the form of a Regulation, intended to safeguard consumers (see here) (“Proposal”). The Proposal makes substantial amendments to the GPSD, which has been in place for the last 20 years, seek to increase the protection offered to EU consumers in respect of products they purchase, both in store and online, whilst also addressing challenges posed by…

On 24 November, the European Parliament approved the final text of the EU Representative Actions Directive. The approved directive will enter into force 20 days after its publication in the EU’s Official Journal. Member States will then have 24 months to transpose the directive into national law and an extra six months in which to implement it. The new rules will apply to representative actions brought on or after its date of application. Although Member…

The English Supreme Court in Vedanta Resources PLC and Another v Lungowe and others has allowed over 1,800 Zambian villagers to issue proceedings in England against an English parent and its Zambian subsidiary. This decision could pave the way for other mass tort claim bearing similar features. The decision tipped in favour of England as the proper place to bring this claim due to the perceived inability for the Zambian claimants to obtain access to…

EUROPE — In February last year, we noted that the preliminary Jackson report on costs questioned some of the features of English litigation that have shielded UK-based businesses from US-style class actions. The final report recommends removing several of those protective features. Key recommendations include: Introducing true contingency fees in contentious business for the first time. Preventing claimants from recovering after-the-event insurance premiums and “uplifts” under a CFA from defendants. Increasing damages for torts that…