Chapter

English Law: Crime, the Criminal Process and ‘Essentially Civil Claims’

SIMON WHITTAKER

in Liability for Products

Published in print September 2005 | ISBN: 9780198256137
Published online March 2012 | e-ISBN: 9780191681639 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198256137.003.0015
English Law: Crime, the Criminal Process and ‘Essentially Civil Claims’

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English law possesses an elaborate and wide-ranging series of criminal offences which sanction the manufacture or supply of an unsafe product (whether or not it causes personal injury or death), and its criminal courts possess broad powers to order any person convicted of a criminal offence to compensate the victim of the crime. Nevertheless, the criminal law and the criminal process in England play only a very marginal role in providing compensation for accidental death and personal injury, including in cases involving unsafe products. This marks a very striking contrast with the position described for France. This chapter discusses the features of the English system.

Keywords: English law; criminal law; product safety; product liability; liability law; compensation; personal injury; death

Chapter.  15233 words. 

Subjects: Comparative Law

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