Product liability law has struggled to develop a test for identifying when products are defective under the Consumer Protection Act 1987 (‘CPA’). In Wilkes v Depuy International Ltd  EWHC 3096 (QB), Hickinbottom J offered the most prolonged reflection on product defect since A v National Blood Authority  EWHC 446 (QB), and rejected much of the framework of NBA. However, Wilkes provides little guidance regarding when products should be identified as being defective, reinforcing the need for a more deeply grounded approach.
Eisler, Jacob, One Step Forward and Two Steps Back in Product Liability: The Search for Clarity in the Identification of Defects (July 1, 2017). 76 Cambridge Law Journal 233 (2017); University of Cambridge Faculty of Law Research Paper No 32/2017.