defective products CASES

October 4, 2025

National Case Law Archive

Law books in a law library

Tesco Stores Ltd v Pollard [2006] EWCA Civ 393

A 13‑month‑old child ingested dishwasher powder from a Tesco own‑brand bottle with a child‑resistant cap that did not meet British Standard torque levels. The Court of Appeal held there was no defect under the Consumer Protection Act 1987 and no common law negligence, allowing Tesco’s appeal and dismissing a cross‑appeal against the child’s mother. Facts The claimant, C, was a 13‑month‑old child who became very seriously ill after ingesting dishwasher powder on 20 August 1997. The powder was Tesco’s own brand, contained in a plastic bottle manufactured by the second defendant. The bottle was fitted with a child‑resistant closure (CRC),

September 7, 2025

National Case Law Archive

Law books on a desk

A v National Blood Authority [2001] EWHC QB 446 (26th March, 2001)

Claimants infected with Hepatitis C from blood transfusions between 1988 and 1991 sued the National Blood Authority under the Consumer Protection Act 1987. The court held that infected blood was a defective product under the EU Product Liability Directive, establishing that consumers were entitled to expect blood free from infection regardless of whether the defect was avoidable. Facts This case concerned 114 claimants who contracted Hepatitis C through blood transfusions received from 1 March 1988 onwards. The claimants sought damages under the Consumer Protection Act 1987, which implemented the EU Product Liability Directive (85/374/EEC). The blood was supplied by the