Product Liability
Gemma has extensive experience in product liability work involving complex technical, engineering and design issues, causing serious personal injuries, property damage and business interruption. She also advises clients on precautionary steps and on the Consumer Protection Act 1987 and the Consumer Rights Act 2015.
She has a particular specialism concerning products used in a clinical context. In particular working as part of the Defence team on the PIP Breast implant litigation; defective stents used to treat hydrocephalus, and vaginal mesh TVT cases and defective laser eye surgery for a major high street retailer. Many of her cases involve claims where death or serious personal and psychiatric injury have been alleged.
She has invaluable experience working as part of a wider team on substantial cases, group actions and in multi-party litigation arising out of defective products. In 2024, she was junior counsel on the Watts Tower Crane Collapse in Bow, East London. She remains counsel in the Grenfell Tower, Fire civil litigation (defective cladding and large-scale loss of life from fire).
Other cases have involved defective tyre claims; vehicle fires and other defects in vehicles; fire damage claims arising from faulty equipment; a fire on board a dredger ship arising from faulty fuel lines causing significant damage, and faulty playground equipment.
She has experience of misrepresentation issues, product labelling, and cross border issues. She is also acutely aware of the wider reputational issue which can be at stake in claims.
Examples of recent work:
- In 2024, Watts Tower Crane Collapse in Bow, East London, where a tower crane collapsed causing loss of life, widespread damage and hundreds of claims for personal injury.
- In 2024, defending a supplier of defective nuts supplied to a biscuit manufacturer which in turn supplied a high-end department store.
- In 2024, representing Thorpe Park in a claim against a defective fairground ride where a Claimant alleges to have suffered personal injury due to defective brakes and the design of the ride.
- In 2023, representing the Defendant in case where a domestic ladder collapsed causing the Claimant to suffer a traumatic brain injury.
- In 2021, Gemma was instructed by Baldwins Crane Hire in respect of a claim brought by QBE insurance regarding a large wheel coming loose from a mobile crane on the motorway. The wheel caused extensive property damage and several road traffic accidents involving personal injury claims.
- In 2020, Gemma was instructed as junior in the Group Litigation case of Ms Carrie Brett and others v Mr Shiva Singh and others action against several surgeons who are accused of negligent supply of PIP breast implants causing injury.
- Mills v Alton Towers, acting for the Defendant, Merlin Group, in respect of an alleged faulty ride at its water park, where the Claimant rider had suffered a serious injury to this shoulder. The claim was dismissed at trial.
- Paul Stokes v Air Products PLC, acted for the Defendant manufacturer in this claim of an alleged defective vehicle. The claim was settled with a successful outcome.
- Mrs Patricia Jones (Personal Representative of Anthony Jones) v Hanson Aggregate, where an explosion aboard a ship caused by faulty equipment lead to an engineer suffering 70% burns to his body and dying.
- Jessica Oseland and Alison Foxall v Thomas Jones; Fairground inspectorate, Sure check Limited and Tivoli Manufacturing Limited. Acted for the designer of a fairground ride which had suffered a malfunction and lead to a carriage breaking free from a ride and the occupants, two teenage girls, suffered life changing injuries, and one became a tetraplegic.
Selected Cases
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- Lessons for Universities: the Appeal in Abrahart
- E-Scooters to be legalised for private use on public roads
News
- Gemma Witherington: The Times Lawyer of the Week
- Gemma Witherington successful in establishing that a university owes a duty of care towards their students when making sexual assault claims against a fellow student
Qualifications
- BA (Hons)
- PgdDip
- BVC: Very competent
- Inner Temple Exhibition Award 2007-2008
- Streuben Benefactor Award 2007- 2008
Memberships
- The Honourable Society of Inner Temple
- Personal Injury Bar Association
- Association of Personal Injury Lawyers
Recommendations
“Gemma is impressive in conference and as an advocate.” She “sees the entire landscape of the case, not just the particular issue that is troubling the client.”…”She is robust, engaging and impressively disarming of her opponents.”
Chambers & Partners 2025
“Gemma has a great understanding of client’s concerns and is able to build a rapport with them. She is able to tailor her advice to the fundamental issues.”…”Her strengths are her very concise and clear drafting alloyed with an exceptional grasp of the facts and evidence.”
Legal 500, 2025
“Gemma is excellent with clients and her attention to detail. She brings commercial awareness to the fore.”
Chambers & Partners, 2024
“Gemma has a very good eye for detail in all aspects of any given claim, as well as a very strong grasp of the clinical basis underpinning given claims.”…”Gemma has excellent attention to detail. She is able to empathise with clients and provide them with reassurance and confidence.”
Legal 500, 2024
“Gemma is very thorough in her approach and very empathetic to clients.”
Legal 500, 2022
”A thorough and balanced barrister who maintains a calm presence and ensures all angles are thoroughly explored.”
“Her drafting style is clear and persuasive. She is very personable and easy to work with. She is excellent at responding quickly to enquiries. She has a good rapport with clients and is not afraid to take on difficult cases.”
“She has the knowledge and experience of breaking down complex legal and factual issues.”
“Her attention to detail is exceptional.”
“She is a rising star and a real fighter.”
“She is a real fighter and an astute thinker”.
“Very good at giving direct, sensible and pragmatic advice”.
“She is a very determined advocate and really fights her client’s corner”.
