Expertise

Cécile Burgess is a Product Litigation Partner in AG's London Commercial Disputes team, where she heads up the Product Litigation, Safety and Recall practice. Cécile has over 11 years' experience of acting for global product manufacturers in relation to product liability claims and risk management. Cécile focuses on Life Sciences (pharmaceuticals, vaccines, and medical devices), and also has extensive experience of the Automotive and Retail & Consumer sectors. She acts on a wide variety of disputes, including both contractual and tortious claims, and has a strong record of handling high profile product liability group actions in both single defendant and multiple defendant claims.

In addition to her litigation and dispute resolution work, Cécile advises on regulatory, product safety and compliance issues. This includes management of local counsel in Europe and other international jurisdictions, liaising with authorities and regulators around the world, and advising clients in a "trusted advisor" capacity.

Cécile is a dual qualified Solicitor of England & Wales and French lawyer, with first-hand knowledge of the interaction of French and English civil litigation systems.

Cécile's recent experience includes:

  • Trusted advisor to a leading FMCG brand on all its product safety/recall issues, providing urgent timely advice to assist the business on recall decisions. Most recently, assisted them with safety and recall decisions relating to choking hazards and failing equipment
  • Advising a major brand owner in relation to a dispute with its supplier concerning losses in excess of $8m arising from the supply of defective product packaging leading to a major product recall
  • Acting for a soft drinks business in relation to a dispute against a logistics supplier, resulting in significant supply chain disruption
  • Acting for GlaxoSmithKline (GSK), defending over 100 claims brought against GSK in the English High Court under a GLO in respect of the use of GSK's antidepressant Seroxat. Obtained victory for GSK in July 2020, along with an award for costs, in part on an indemnity basis. 
  • Acting for a manufacturer of electronic component parts, defending a multi-million pound product liability TCC claim brought against it by a number of claimants, in relation to the supply of allegedly defective components supplied and used in airbag control units sold to third party OEMs.
  • Acting for over 55 past and present BMW/MINI authorised dealerships in the defence of diesel emissions group claims being brought on behalf of over 44,000 potential claimants.
  • Acting for a global pharmaceutical company in the defence of a number of English, Scottish and Northern Irish claims in respect of the use of one of  its emergency vaccines. 
  • Defending a group action in the English High Court brought by a group of English claimants against a global medical device manufacturer in respect of allegedly defective hip prostheses.
Experience
  • Bailey and others v GSK - The Seroxat Group Action: Acting for GlaxoSmithKline (GSK), defending over 100 claims brought against GSK in the English High Court under a Group Litigation Order. Obtained victory for GSK in July 2020, along with an award for costs, in part on an indemnity basis. Continues to act in relation to recovering GSK's costs, in respect of which the third party litigation funder recently paid GSK £5million in full and final settlement of their liabilities for GSK's costs. 
  • TRW Systems UK Ltd & Others v KEMET Electronics Corporation: Acting for KEMET Electronics Corporation, defending a multi-million pound product liability TCC claim brought against them by a number of claimants within the same corporate group, in relation to the supply of allegedly defective components supplied and used in airbag control units sold to third party OEMs.
  • Diesel emissions damages claims: Advising a large group of defendants in relation to a potential diesel emissions group claim brought against them, over the alleged use of “defeat devices” in vehicles.
  • Emergency vaccine damages claims: Acting for a global pharmaceutical company in the defence of a number of English, Scottish and Northern Irish claims for compensation brought in respect of the use the H1N1 vaccine. 
  • Metal-on-Metal Hip Group Litigation: Defending a group action in the English High Court brought by a group of English claimants against a global medical device manufacturer in respect of allegedly defective hip prostheses.
  • Coordinating on an international basis a number of large recalls of consumer products on behalf of market-leading international brand names, including the recall of non-compliant products in the cosmetics, consumer electronics, retail and consumer, and automotive sectors.
Publications
  • "COVID-19 and Vaccine Development: Navigating the UK Regulatory Landscape and Beyond", Product Liability Laws and Regulations 2021, International Comparative Legal Guide 
  • Drugs & Medical Device Litigation 2021, England & Wales, International Comparative Legal Guide 
  • "Medicinal Cannabis and CBD Products – Navigating the UK Regulatory Landscape", Product Liability 2020, International Comparative Legal Guide
  • Drugs & Medical Device Litigation 2020, England & Wales, International Comparative Legal Guide
Languages
  • French (native)
Professional Memberships
  • International Consumer Product Health & Safety Organisation
  • Product Liability Forum, British Institute of International and Comparative Law
Testimonials
  • Recognised as a Rising Star for Litigation in the UK by LMG Expert Guides
  • Ranked as Rising Star by Legal 500 2022 and Star Associate by Chambers 2022 for Product Liability
  • "[Cécile] is a really solid, smart litigator and a great international lawyer." – Chambers 2022 (Product Liability) 
  • "Cécile Burgess is a rising star who combines a superb knowledge of the law with mature litigation judgement." - Legal 500 2021 (Product Liability) – ranked as 'Rising Star'
  • "[Cécile] has a very thorough and sensitive approach to cases and handles them brilliantly." - Chambers 2021 (Product Liability) – ranked as 'Star Associate' 
  • "Managing Associate Cécile Burgess is held in high regard for her handling of substantial claims arising out of defective pharmaceutical products and consumer goods. She handles significant multi-claimant disputes. According to a source, ‘she has a fantastic attention to detail, she is just on top of everything’, while another interviewee identifies her as ‘a very good litigator’." - Chambers 2020 (Product Liability) – ranked as 'Associate to Watch'
  • "Senior associate Cécile Burgess is an outstanding practitioner" - Legal 500 2020 (Product Liability) – ranked as 'Rising Star'