As reported in our February 2026 blog post, in 2025 the Law Commission, an independent statutory body established to keep the law of England and Wales under review and recommend reform, launched a review of the law on liability for defective products (publishing its terms of reference in December 2025). On 8 October 2026, the Law Commission published its consultation on product liability law which sets out its provisional proposals and invites responses to 62 questions.
Background
It has been over 40 years since the adoption of the EU Product Liability Directive 85/374/EEC, which was implemented into law in Great Britain by way of the Consumer Protection Act 1987 (CPA) and in Northern Ireland under the Consumer Protection (Northern Ireland) Order 1987. The EU legal framework was reformed in 2024 and EU Member States, and Northern Ireland, have until 9 December 2026 to implement the new Product Liability Directive (EU) 2024/2853 into national law. However, post-Brexit, the new EU Directive does not apply in Great Britain, and it is unclear whether the UK Government plans to overhaul the CPA. Although not binding on the Government, the Law Commission’s provisional proposals, which are similar in a number of key respects to the new Product Liability Directive (EU) 2024/2853, provide an indication of what may be on the horizon.
Continue Reading Will Great Britain follow the EU with reform of product liability law?