The High Court has refused to dismiss the plaintiff's claim against a breast implant manufacturer, which alleged that the implants were defective due to ruptures occurring within three to four years of being implanted. The court found that the plaintiff had sufficiently pleaded a case to require the defendant to file its defence, despite the defendant's contention that the pleadings were deficient and did not disclose a reasonable cause of action. The court also declined to direct the plaintiff to deliver updated pleadings or an amended indorsement of claim at this stage, indicating that the defendant may be entitled to further particulars of the defects in the future, but that other procedural steps must be taken first. The original High Court proceedings were consolidated with earlier Circuit Court proceedings.
High Court, defective products, breast implants, rupture, personal injuries summons, Order 19 Rule 28 (RSC), dismissal of proceedings, pleadings, Liability for Defective Products Act 1991, discovery, inspection, particulars, statutory duty, negligence, breach of duty, case management.