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Introducing the new Health Secretary…
Who is Matt Hancock, our new Health Secretary, and what impact will his appointment have?
Read moreOff-label medicine: as bad as it sounds?
Consider this: the prescription your doctor wrote for you may not be "officially" approved for your illness. Before you panic, this may not be as alarming as you think
Read moreIreland Voted Yes – What next?
Considers yes vote in Irish abortion referendum
Read moreLandmark decision in Metal-on-Metal Hip product liability litigation
Considers the decision in the DePuy Pinnacle Metal-on-Metal hip litigation and what impact this will have on manufacturers and their insurers.
Read moreA spa day, on doctor's orders…
We are increasingly focussed on living more sustainably with what we eat and the products that we use. Applying a similar mind-set to medicine, might we see a resurgence of traditional natural therapeutic treatments like spa treatments?
Read moreLife After Death…
How was a baby born four years after the death of his parents? And what does this mean for IVF providers in the UK?
Read moreHome is where you hang your medical test
At-home medical tests can be useful diagnostic tools, but this carries risks for patients or insurers. Medical malpractice and product liability insurers need to plan for the future.
Read moreCourt of Appeal's history lesson for claimants bringing personal injury claims
Healthcare providers and manufacturers of medical products will welcome a judgment from the Court of Appeal that found against a claimant for failing to give notice of funding in time.
Read moreThe future of the NHS: Concerns and comparisons
New poll suggests greater concerns over cuts to NHS funding than terrorism threat.
Read moreUsing data to bring innovative products to the market … and keep them there
There are now more and more opportunities to collect and use health data to innovate, improve efficiency and improve care. The same data could prove very useful in responding to the threat of litigation too
Read moreCould Cannabis be the Cure?
With the upsetting case of Alfie Dingley dominating news headlines, the UK Government is being asked to reconsider its approach to medicinal cannabis. But what would this mean for manufacturers, healthcare professionals, and, most importantly, potential patients?
Read moreAn aspirin a day…
Discusses research that suggests aspirin can reduce risk of colon cancer in patients with Lynch Syndrome
Read moreFixed Recoverable Costs: When lawyers come 'cap' in hand
Working group developing a cap on recoverable costs for lawyers in clinical negligence claims
Read moreA game changer for concussion injuries? New study investigating CTE creates a potential headache for defendants and their insurers
A new study shows that repeated hits to the head, not concussions, cause chronic traumatic encephalopathy (CTE), the neurodegenerative disease experienced by American football players, boxers and other athletes.
Read moreBrexit chess game to be played out at Chequers
The Life Sciences industry demands certainty over the Government's approach to regulation after Brexit. It is hoped that Government meetings this month will achieve that.
Read moreMr Justice Langstaff to chair contaminated blood inquiry
Mr Justice Langstaff will lead the public inquiry into how contaminated blood transfusions infected thousands of people with HIV and hepatitis C in the 1970s and 80s
Read moreMonkey See, Monkey Do
Implications for humans and animals of the recent successful cloning of monkeys by Chinese researchers
Read moreDuty calls: What information should be provided to patients following treatment?
Summary of the High Court's recent decision in a case concerning the duty to inform a patient of treatment outcomes and the requirement for follow-up, further treatment, or monitoring.
Read moreOrgan donation: have your say
Organ donation is, for some, a difficult topic of conversation, but a Government consultation is encouraging us to think about it and share our views.
Read moreIndependent inquiry launched into malpractice of Ian Paterson
The Department of Health has announced the launch of an independent inquiry into the circumstances and practices surrounding the activity of convicted breast surgeon Ian Paterson.
Read moreEngagement news
Manufacturers and insurers may have missed Prince Harry's news on Monday in the general excitement surrounding the Government's Industrial Strategy, announced on the same day.
Read moreBereavement Damages incompatible with European Convention on Human Rights
Consideration of the Court of Appeal decision in Smith v Lancashire Teaching Hospitals NHS Foundation and others that restriction on awards for bereavement damages under the Fatal Accidents Act 1976 are incompatible with the European Convention on Human Rights.
Read moreA Shift in Vicarious Liability (Armes v Nottinghamshire County Council)
Armes v Nottinghamshire County Council [2017] UKSC 60. A review of recent case law extending Vicarious Liability and the impact this will have on organisations and their insurers.
Read moreMedical device concerns and MHRA compliance
Increase in medical devices regulatory alerts and how to respond to concerns
Read moreLandmark ruling on end of life care
Huntington's patient: Court rules Court application no longer necessary in end of life care where patient's family and doctors are in agreement
Read moreWelcoming new red tape
The Medical Devices Regulation 2017 is good news for insurers in the life sciences sector. More data on safety and performance will be collected on products before they get to the market
Read moreNo bouncing back for directors
Banned! Fraudsters! – Terms used by the Insolvency Service for directors who abused the government backed loan scheme which was put in place to help businesses struggling during the pandemic.
Read moreNew virtual insurer for Hong Kong
This month saw the award of a further virtual insurer licence in Hong Kong – this time for OneDegree (on 15 April 2020). The start-up will focus, initially, on the burgeoning Hong Kong pet insurance market, before a proposed expansion into health and cyber risk.
Read moreICO fines online travel insurer £175,000 for failing to keep customers’ personal information secure
The Information Commissioners Office (the “ICO”) has fined Staysure.co.uk Limited (“Staysure”), an online travel insurance company, £175,000 for its failure to comply with the seventh data protection principle, after IT security failings allowed hackers to access up to 100,000 customer financial records.
Read moreAdams v Carey – where does the Court of Appeal's decision leave the SIPP market?
The Court of Appeal has today dismissed Mr Adams' appeal against Carey in respect of COBS 2.1.1R. However, the appeal in relation to s.27 FSMA has been upheld. We discuss the background to the proceedings, the Court of Appeal decision and where it takes the SIPP (and wider financial services) market.
Read moreCompulsory mediation in small claims: a quick guide for the busy lawyer
A new pilot scheme requiring parties in money claims valued at up to £10,000 to take part in a compulsory free one-hour mediation appointment, provided by HMCTS' Small Claims Mediation Service – before the claim can then proceed to Court if no settlement is reached.
Read moreAre you being smart with your connectable products?
The growth of "smart" products that can connect to the internet has grown significantly over the past 10 years and the UK government estimate that there could be 50 million connectable products worldwide by 2030, and on average there are currently 9 in each UK household.
Read moreAsbestos update: "implausible" deniability
The recent case of Evans v Secretary of State for Health and Social Care, follows the trend of low exposure asbestos cases being defendable, when many feared that the 2018 case Bussey v Anglia Heating Ltd made that near on impossible.
Read moreRise with RPC: Tips for developing your insurance network
In the aftermath of the "Rise with RPC" event, we're immensely grateful to everyone who joined us, contributing to the dynamic exchange of ideas on "Building your insurance network." Here’s a distilled version of the top tips shared, each designed to be an actionable takeaway to apply in your professional journey.
Read moreFinding joy in your job: insights from FIG's latest panel
On 21 February, RPC's inclusive insurance network, FIG, reconvened for a notable panel discussion, shedding light on the theme of "Finding joy in your job."
Read moreIn the familiar, lies the unseen
We like to look at boilerplate language with fresh eyes and so taking the recent case of Dassault Aviation SA v Mitsui Sumitomo Insurance Co Ltd [2024] EWCA Civ 5 as a jumping off point, we consider the potential tensions, hidden to some extent in plain sight, between anti-assignment and subrogation rights and the take aways for those drafting insurance policy wordings.
Read moreHow should Financial Institutions manage the rise of non-financial misconduct?
Over the last few months, Parliament's Treasury Committee has sought to examine the many barriers faced by women in financial services through the aptly named "Sexism in the City" inquiry.
Read moreQuid game – fixed costs; pick your battles
Ordinarily, the claims that make the headlines are those that have the highest value or the most significant impact on the public. With the costs landscape ever-changing in civil claims, without careful planning and strategy, even modest claims can end up biting defendants in the longer-term.
Read moreCastle caper condoned? Court of Appeal rules on dishonest condonation and aggregation under solicitors policy in Discovery Land v AXIS
On 15 January 2024 the Court of Appeal handed down judgment in Discovery Land Company LLC and others v Axis Specialty Europe SE [2024] EWCA Civ 7. The case concerns the ability of a solicitors’ insurer to decline cover for a claim on grounds of dishonesty and, in particular, the meaning of “condonation” of dishonesty. It also concerns how the aggregation clause operates in a solicitors’ professional indemnity insurance policy.
Read moreThe Terminator: A Tale of Two Insurance Claims
It is 2029, and the Machines are losing their war with Humanity. What to do?
Read moreProject Angel Bidco v AXIS - what are the key takeaways for warranty and indemnity insurers?
On 31 October 2023, the London Circuit Commercial Court gave judgment in Project Angel Bidco Limited (in administration) v Axis Managing Agency Limited & Ors (2023) EWHC 2649.
Read moreWordings do matter
Contract drafting has been brass tacks for lawyers since the dawn of time. In its broadest terms, it involves putting the scope of a bargain reached between parties into clear and effective language.
Read moreStorm Babet, flooding and the insurance implications
Subtropical cyclone Storm Babet is currently responsible for over 350 flood warnings in the UK, with more flood warnings expected later this week.
Read moreGetting to know Global Access Lawyers
Global Access Lawyers brings together some of the worlds leading insurance law practices. In the following pages get to know the different law firms that make up Global Access, who we are, where we operate and the kind of work we do. We hope you find this useful to understand the international reach of Global Access.
Read moreCourt of Appeal finds in favour of FSCS on scope of the Policyholder Protection Rules (PRR)
Tamsin Hyland explores the recent judgment of JR (On the application of Manchikalapati v FSCS [2023] EWCA Civ 1006) and its relevance to insurance policy wording.
Read moreAre settlements covered under liability policies if not consented to by the insurer? Does it make any difference if the insured was told to "act as a prudent uninsured"?
Does it make any difference if the insured was told to "act as a prudent uninsured"?
Read moreFix up, look sharp: FRC update
What's the latest on fixed recoverable costs in professional negligence claims?
Read moreWhat does the FRC's proposed corporate governance overhaul mean for D&O exposures?
The Financial Reporting Council (FRC) has now published the draft new UK Corporate Governance Code following the Government's requirements that it incorporate more robust internal control and prudent and effective risk management requirements. The deadline for responses to the FRC's consultation is 13 September 2023.
Read moreWhat’s next for PFAS litigation?
RPC’s Lucy Dyson explores how growing public awareness of PFAS and the associated health and environmental concerns has seen a rise in litigation in the US that parallels asbestos as a toxic tort, with claims over chemical contamination in Europe also on the rise.
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