Product Liability

"The members of Fountain Court Chambers' expertise ranges from pharmaceutical and consumer product group actions to acting for clients in claims relating to industrial, marine or aviation products."


The Legal 500

Fountain Court Chambers has established a commanding presence in product liability litigation, bringing the rigour and sophistication of a leading commercial set to this technically demanding field. The practice encompasses the full range of product liability work, from pharmaceutical and medical device claims to automotive defects, consumer goods disputes, and large-scale group actions.

Members act for both claimants and defendants, representing major manufacturers, insurers, retailers, and consumers in proceedings that frequently involve complex scientific evidence, multi-jurisdictional dimensions, and significant reputational stakes. Some of our members benefit from scientific backgrounds, providing invaluable experience here.

The set’s expertise in managing document-heavy, expert-intensive litigation proves particularly valuable in this arena, where cases often turn on intricate questions of causation, regulatory compliance, and technical specification.

Fountain Court members have been involved in some of the highest profile product liability claims in recent years spanning a number of sectors, including aviation, healthcare, insurance and technology.

We have experience of dealing with issues such as the incorporation of contract terms, exclusion clauses, conflicts of laws and defects, including under the Sale of Goods Act. Our members also specialise in identifying the evidence behind any alleged defective design, pleading the technical causes of defect, and advising on the incorporation and applicability of contractual exclusion clauses.

Our work includes cases relating to:

  • Aviation-related claims
  • Consumer products
  • Conflicts of law
  • Disputes over contractual terms including exclusion clauses
  • Pharmaceutical products and medical devices
  • Sales of goods disputes

  • De Costa & Ors v The London Fire Commissioner & Ors: Acting for the Royal Borough of Kensington and Chelsea in relation to civil claims arising out of the Grenfell Tower fire. One of the largest and most complex product liability claims ever brought in England and Wales.
  • Hormone Pregnancy Test Litigation: Acting for the Department of Health and Social Care in high-value and complex group litigation arising from the use of hormone pregnancy test tablets which were allegedly teratogenic and led to miscarriage, stillbirth and life-long development injuries.
  • Grand Canyon helicopter loss: Acting for Airbus Helicopters in proceedings before the UK Coroner concerning the fatal accident of an EC-130 helicopter in the Grand Canyon which led to five deaths.
  • Airbus v Generali: Acting in relation to a subrogated claim brought by the insurer of an airline in Italy concerning the design and manufacture of the main landing gear of the A320 aircraft, raising issues relating to the application and scope of contractual warranties as well as the existence of underlying defects.
  • BAE Systems v Edward Dewhurst Ltd & Others: Acting in a commercial product liability claim by the owners of an aircraft testing facility designed for testing fighter aircraft, relating to a new fire protection system and significant damage caused to the aircraft.
  • Goodlife Foods Ltd v Hall Fire Protection Ltd: Acting for the defendant in a negligence claim arising out of the supply of a fire suppressant system.
  • PIP Breast Implant Litigation: Acting on behalf of a clinic defendant in litigation arising out of the use of industrial (as opposed to medical) grade silicone in breast implants.
  • The Atomic Veterans Litigation: Acting for the Ministry of Defence from first instance through to the Supreme Court in defence of a group action alleging personal injury as a result of alleged exposure to ionising radiation whilst witnessing the British atomic tests in Australia and the South Pacific in the 1950s.
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Product Liability Barristers

Michael McLaren QC

Michael McLaren KC

Call 1981 | Silk 2002

Charles Bear QC

Charles Béar KC

Call 1986 | Silk 2003

Leigh-Ann Mulcahy KC

Call 1993 | Silk 2009

Akhil Shah QC

Akhil Shah KC

Call 1990 | Silk 2010

Anneliese Day QC

Anneliese Day KC

Call 1996 | Silk 2012

Ben Lynch QC

Ben Lynch KC

Call 2001 | Silk 2020

Louise Merrett

Call 1995

Simon Paul

Simon Paul

Call 2013

Sam Hussaini

Call 2022

Philip Brook Smith QC

Philip Brook Smith KC

Call 1982 | Silk 2002

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Contact our clerks

For more information on our experience or to discuss a particular case, please contact us.

Call:    +44 (0)207 583 3335
Email: clerks@fountaincourt.co.uk

"Fountain Court Chambers is noted for its expertise in product liability cases arising in the aviation, marine and industrial sectors."


Chambers & Partners

"Its barristers are regularly called upon to act in disputes concerning alleged defects in the design and manufacture of aircraft and helicopters."


Chambers & Partners

"Additional areas of strength for the team include claims arising from defective household goods, medical devices and pharmaceuticals, and the set's tenants are experienced in the handling of both individual claims and large group actions."


Chambers & Partners

"Well respected for the breadth of its product liability practice."


Chambers & Partners

"Members skilfully advise on claims pertaining to consumer, industrial and medical products, and also offer unique expertise within the aviation sector."


Chambers & Partners

"Fountain Court barristers continue to be popular among both claimants and defendants involved in product liability litigation."


Chambers & Partners

"Fountain Court Chambers has a number of barristers with product liability litigation experience. The set's members have been involved in some of the largest cases in the field in recent years."


The Legal 500

Featured insights

Fountain Court excels in The Legal 500 2022 results

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