Product Liability reform: Law Commission’s Initial Scoping Questionnaire now available
The Law Commission has now begun its review of the product liability regime in England and Wales (see Product liability regime changes on the horizon? of 12 August 2025 here). As part of the process, it has published an Initial Scoping Questionnaire seeking views on its project focus and on potential reforms to the current strict liability regime in the Consumer Protection Act 1987.
Initially directed at stakeholders but now available on the Law Commission website (https://lawcom.gov.uk/project/product-liability/), the Scoping Questionnaire consists of three topical (but broad) questions [abridged]:
- Question 1: Do you think that the Product Liability regime provided for by Part 1 of the Consumer Protection Act 1987 works well?
- Question 2: If you consider that the Product Liability regime provided for by Part 1 of the Consumer Protection Act 1987 needs to be reformed, please set out how you think it should be reformed.
- Question 3: Are you concerned about potential reforms to the Product Liability regime provided for by Part 1 of the Consumer Protection Act 1987? If you are concerned, please set out what potential reforms concern you, with an explanation why.
Respondents are asked to provide their completed questionnaires by 31 December 2025.
This appears to be the first indication of the timetable for the mooted formal public consultation on the proposals for reform, which is now expected to take place in the second half of 2026.
The Law Commission’s review proceeds while Northern Ireland is already moving ahead with plans to transpose the new EU Product Liability Directive (2024/2853), which significantly updates and extends the civil liability framework based on Directive 85/374. See here.
