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Home | Services | Services for business | Preventing and resolving disputes | Defective goods & services
Defective goods & services
Our specialist lawyers handle a wide variety of disputes for a range of clients (corporate and individual ) involving all manner of products and service sectors.
We foster a team approach and, in the more substantial cases, our client and their technical staff are encouraged to liase with carefully chosen technical experts and forensic accountants. Our client is put in the best position to form a realistic view, at an early stage, of the chances of successfully prosecuting or defending the claim.
While every case is prepared by reference to its own particular circumstances, it is possible to identify common features such as the requirement to
- Obtain detailed factual evidence relating to the design and manufacture of the product
- Obtain evidence as to the scope of the service
- Investigate documents evidencing product development and testing, quality control in the manufacturing process and the level of customer complaints
- Work with the technical experts and provide guidance as appropriate in formulating a protocol for testing the defective product
- Consider the relevant industry or professional standard to determine whether the standard of the service provided was inadequate
- Advise on the parties' contractual terms with particular regard to any attempts to exclude or limit liability
- Work with forensic accountants to establish the amount of the loss properly attributable to the defective product or service
It is often the case that a claim arises out of a larger project where the product is to be incorporated into the product of another manufacturer. Such cases involve issues of project management and innovation where our experience of similar disputes will deliver practical advice.
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Get in touch
Stuart LIttle
Partner
T: 08700 86 8226
I: +44 (0)118 965 8226
E: commercialweb@shoosmiths.co.uk