Product Liability No Win No Fee — England & Wales
Product liability claims in the UK are governed by the Consumer Protection Act 1987, which imposes strict liability on producers of defective products. You do not need to prove negligence — only that the product was defective and caused your injury.
How Does Strict Liability Work Under the CPA 1987?
Direct Answer: The Consumer Protection Act 1987 imposes strict liability on manufacturers — you don't need to prove negligence, only that the product was defective and caused your injury. Claims can be brought on a no win no fee CFA. There is a 3-year limitation and a 10-year longstop from product supply.
The Consumer Protection Act 1987 implemented the EU Product Liability Directive (85/374/EEC) into UK law. It imposes liability on producers without the need to prove negligence. The claimant must establish three elements: the product was defective, they suffered damage (death, personal injury, or property damage exceeding £275), and the defect caused the damage.
The Development Risk Defence
The CPA provides a "development risk" or "state of the art" defence: a producer is not liable if they can show that the state of scientific and technical knowledge at the time the product was supplied was not such that a producer of products of that description might be expected to have discovered the defect. This defence is narrowly construed.
Common Product Liability Claims
- Defective vehicles and vehicle components
- Faulty electrical appliances causing fire or injury
- Defective medical devices and implants
- Contaminated or allergenic food products
- Dangerous children's toys
- Defective pharmaceuticals
Consumer Rights Act 2015
In addition to claims under the CPA 1987, consumers have rights under the Consumer Rights Act 2015 against the seller (retailer). Goods must be of satisfactory quality, fit for a particular purpose, and as described. If goods are faulty, the consumer may be entitled to a repair, replacement, or refund.
Frequently Asked Questions
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Where this applies: This page covers England and Wales. The rules in Scotland and Northern Ireland are different.
Sources for this page
Every rule stated above is based on the primary sources below. Each link goes to the legislation, court rule or regulator itself so you can check it. Last verified 2 August 2026.
- Courts and Legal Services Act 1990, s.58 (conditional fee agreements)
The provision that makes CFAs lawful and enforceable. CFAs derive from this section, not from LASPO.
- Conditional Fee Agreements Order 2013, arts. 4–5 · in force from 1 April 2013
Art. 4 caps the success fee at 100% of base costs. Art. 5 caps what may be taken from damages in personal injury at 25% of PSLA plus past pecuniary loss, net of CRU, at first instance.
- Civil Procedure Rules, Part 44 (incl. rr.44.13–44.17, QOCS)
Qualified one-way costs shifting and its exceptions. Rule 44.14 was amended with effect from 6 April 2023.
Who wrote and checked this page
- Written and published by
- Edward & Amaury Solicitors (Edward & Amaury Ltd, company no. 12195443), regulated by the Solicitors Regulation Authority under no. 800525.
- Legal review
- Checked for England & Wales by Edward & Amaury Solicitors — Solicitors regulated by the SRA (no. 800525) (verify on the regulator’s register).Review is recorded against the firm. The individual reviewer is not named on this page.
- Review dates
- Last reviewed 2 August 2026. Next review due 2 February 2027.
Fee rules change. California’s medical malpractice fee limits changed on 1 January 2023, and the QOCS rules in England and Wales changed on 6 April 2023. If you spot something out of date, tell us — we publish corrections.