Product Liability Claims in the UK Essay Example | Topics and Well Written Essays - 4500 words

Product Liability Claims in the UK - screen ExampleHowever, such inequities cannot be redressed through the law, since they arise from political and judicial differences that exist in the U.K. and Japan. As compared to Western law systems, especially in the U.K. which is governed by the EU and UK Competition law that prohibits any preventative with competition, in Japanese law systems traditional theories still predominate and the only remedy available is to allege litigation to annul an administrative act, unlike the U.K. where there are five kinds of remedies mandamus, certiorari, prohibition, injunction and declaration (www.iias.nl).In a class action courting dealing with UK tax treaties with Japan and other countries, the UK Court found isobilateral pact discrimination and reached a similar decision as in Metallgesellschaft/Hoechst v. CIR(European Court of Justice), where the EU treaty prohibits such discrimination to In the case of NEC Semi-Conductors Ltd, et al. v. CIR (N ovember 24, 2003), the UK Courts conclusions about discrimination were base upon the freedom of establishment principle, under Article 43 of the EU Treaty (www.bnatax.com). However, as opposed to this case law of U.K. Courts deciding in favor of establishments outside the U.K. being protected from discrimination, recent Japanese decisions on product liability claims reveal an opposite trend. The decision of the Nagoya District Court on 30th June 1995 went against MacDonalds and they were held credible for damages revealing that Japanese courts do not impose a burden of proof in civil proceedings (Nottage, 2000).