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Perspective - Blog

Dr Bawa-Garba wins appeal against strike off

Published on 17 Aug 2018. By Genevieve Isherwood, Senior Associate

On Monday, the Court of Appeal unanimously found in Dr Bawa Garba's favour meaning she now is able to seek work as a Junior Doctor.

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Perspective - Blog

Online Prescriptions or Real Life Addictions?

Published on 02 Aug 2018.

With the rules around online prescribing set to be strengthened, we consider why these changes have come about, and what it might mean for patients and prescribers.

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Perspective - Blog

US talc litigation has important lessons for UK insurers

Published on 02 Aug 2018.

Although it is unlikely litigation involving household staples such as talcum powder could succeed in the UK, the ongoing US litigation underlines a significant trend in product liability exposures.

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Perspective - Blog

Medicinal Cannabis: the debate continues

Published on 13 Jul 2018. By Emma Kislingbury, Senior Associate

With the debate over medicinal cannabis still going strong, we update you on recent developments which have dominated the headlines.

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Perspective - Blog

Introducing the new Health Secretary…

Published on 10 Jul 2018. By Genevieve Isherwood, Senior Associate

Who is Matt Hancock, our new Health Secretary, and what impact will his appointment have?

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Perspective - Blog

Off-label medicine: as bad as it sounds?

Published on 18 Jun 2018.

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

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Perspective - Blog

Ireland Voted Yes – What next?

Published on 30 May 2018. By Genevieve Isherwood, Senior Associate

Considers yes vote in Irish abortion referendum

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Perspective - Blog

Landmark decision in Metal-on-Metal Hip product liability litigation

Published on 21 May 2018. By Genevieve Isherwood, Senior Associate

Considers the decision in the DePuy Pinnacle Metal-on-Metal hip litigation and what impact this will have on manufacturers and their insurers.

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Perspective - Blog

A spa day, on doctor's orders…

Published on 18 May 2018. By Emma Kislingbury, Senior Associate

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?

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Perspective - Blog

Life After Death…

Published on 04 May 2018.

How was a baby born four years after the death of his parents? And what does this mean for IVF providers in the UK?

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Perspective - Blog

Home is where you hang your medical test

Published on 20 Apr 2018.

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.

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Perspective - Blog

Court of Appeal's history lesson for claimants bringing personal injury claims

Published on 20 Apr 2018.

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.

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Perspective - Blog

The future of the NHS: Concerns and comparisons

Published on 29 Mar 2018.

New poll suggests greater concerns over cuts to NHS funding than terrorism threat.

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Perspective - Blog

Using data to bring innovative products to the market … and keep them there

Published on 22 Mar 2018.

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

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Perspective - Blog

Bawa-Garba case exposes shortcomings in management of medical errors

Published on 14 Mar 2018. By Ella Shanks, Associate

Urgent government review of medical malpractice underway following conviction of Dr Bawa-Garba and the management of medical mistakes.

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Perspective - Blog

Could Cannabis be the Cure?

Published on 07 Mar 2018.

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?

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Perspective - Blog

An aspirin a day…

Published on 02 Mar 2018. By Genevieve Isherwood, Senior Associate

Discusses research that suggests aspirin can reduce risk of colon cancer in patients with Lynch Syndrome

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Perspective - Blog

Fixed Recoverable Costs: When lawyers come 'cap' in hand

Published on 21 Feb 2018. By Ella Shanks, Associate

Working group developing a cap on recoverable costs for lawyers in clinical negligence claims

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Perspective - Blog

A game changer for concussion injuries? New study investigating CTE creates a potential headache for defendants and their insurers

Published on 16 Feb 2018. By James Davies, Senior Associate

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.

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Perspective - Blog

Brexit chess game to be played out at Chequers

Published on 15 Feb 2018.

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.

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Perspective - Blog

Mr Justice Langstaff to chair contaminated blood inquiry

Published on 13 Feb 2018. By Emma Kislingbury, Senior Associate

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

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Perspective - Blog

Monkey See, Monkey Do

Published on 06 Feb 2018. By Genevieve Isherwood, Senior Associate

Implications for humans and animals of the recent successful cloning of monkeys by Chinese researchers

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Perspective - Blog

Duty calls: What information should be provided to patients following treatment?

Published on 31 Jan 2018.

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.

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Perspective - Blog

Organ donation: have your say

Published on 26 Jan 2018. By Emma Kislingbury, Senior Associate

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.

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Perspective - Blog

New Year, New You? How about joining the virtual reality gym…

Published on 19 Jan 2018.

Looking to beat the January gym rush? Well, look no further than American based firm Black Box VR who have combined gaming and gyming to create a virtual reality workout using just a resistance machine and headset.

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Perspective - Blog

Roll up your sleeve – CJEU injects some influence in to vaccination case

Published on 19 Dec 2017.

Summary of Court of Justice of the European Union (CJEU) decision in vaccination case

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Perspective - Blog

Making made to measure medicine: tailored to suit

Published on 18 Dec 2017.

Summary of key points emerging from MHRA guidance on the importance of human factors in the development of new medical devices.

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Perspective - Blog

Independent inquiry launched into malpractice of Ian Paterson

Published on 07 Dec 2017. By Ella Shanks, Associate

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.

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Perspective - Blog

Engagement news

Published on 29 Nov 2017.

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.

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Perspective - Blog

Bereavement Damages incompatible with European Convention on Human Rights

Published on 29 Nov 2017. By Genevieve Isherwood, Senior Associate

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.

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Perspective - Blog

A Shift in Vicarious Liability (Armes v Nottinghamshire County Council)

Published on 01 Nov 2017.

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.

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Perspective - Blog

Medical device concerns and MHRA compliance

Published on 16 Oct 2017.

Increase in medical devices regulatory alerts and how to respond to concerns

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Perspective - Blog

China's Clinical Trials

Published on 10 Oct 2017.

China - an emerging market for clinical trials

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Perspective - Blog

Landmark ruling on end of life care

Published on 21 Sep 2017.

Huntington's patient: Court rules Court application no longer necessary in end of life care where patient's family and doctors are in agreement

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Perspective - Blog

The costs of surrogacy: a valid and separate head of claim

Published on 20 Sep 2017. By Emma Kislingbury, Senior Associate

A claimant has been awarded £74,000 for the costs of a surrogacy arrangement, following a hospital's delay in diagnosing cervical cancer.

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Perspective - Blog

Welcoming new red tape

Published on 01 Sep 2017.

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

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Perspective - Blog

"Please sir, may I have some more [damages for failure to consent]?" No, says the Court of Appeal.

Published on 19 Jul 2017. By James Davies, Senior Associate

Shaw v Kovac: Court of Appeal rejects claim for an additional, separate award of damages for failure to obtain informed consent.

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Perspective - Blog

No bouncing back for directors

Published on 20 May 2024. By James Wickes, Partner and Adam Craggs, Partner and Catherine Zakarias-Welch, Knowledge Lawyer

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.

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Perspective - Blog

Compulsory mediation in small claims: a quick guide for the busy lawyer

Published on 28 Jun 2024. By Kirstie Pike, Partner

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.

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Perspective - Blog

Are you being smart with your connectable products?

Published on 26 Apr 2024. By Gavin Reese, Partner, Head of Regulatory and Andrew Martin, Associate

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.

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Perspective - Blog

Asbestos update: "implausible" deniability

Published on 14 Mar 2024. By Thom Lumley, Partner and Chris Gower, Associate

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.

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Perspective - Blog

Rise with RPC: Tips for developing your insurance network

Published on 13 Mar 2024. By Ella Crawley, Associate

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.

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Perspective - Blog

Unpacking the Building Safety Act's industry overhaul

Published on 06 Mar 2024. By Zoe Eastell, Partner and Zack Gould-Wilson, Senior Associate

On June 28, 2022, the Building Safety Act 2022 received royal assent, bringing about the biggest change to building safety in 40 years.

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Perspective - Blog

Finding joy in your job: insights from FIG's latest panel

Published on 26 Feb 2024. By Alexandra Anderson, Partner

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."

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Perspective - Blog

In the familiar, lies the unseen

Published on 23 Feb 2024. By Tom Scanlon, Trainee Solicitor and Tamsin Hyland, Partner

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.

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Perspective - Blog

Construction disciplinary trends analysis #2: engagement letters – worth more than the paper they're written on!

Published on 21 Feb 2024. By Ben Goodier, Partner and Emma Wherry, Senior Associate and Aimee Talbot, Knowledge Lawyer

This article is the second in our mini-series analysing trends in disciplinary decisions involving construction professionals, with insight from our specialist disciplinary team.

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Perspective - Blog

How should Financial Institutions manage the rise of non-financial misconduct?

Published on 19 Feb 2024. By James Wickes, Partner and Amber Oldershaw, Associate

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.

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Perspective - Blog

Quid game – fixed costs; pick your battles

Published on 30 Jan 2024. By Thom Lumley, Partner and Chris Gower, Associate and Sally Lord, Knowledge Lawyer

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.

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Perspective - Blog

Castle caper condoned? Court of Appeal rules on dishonest condonation and aggregation under solicitors policy in Discovery Land v AXIS

Published on 17 Jan 2024. By Graham Reid, Partner and Will Sefton, Partner and Head of Professional and Financial Risks and Aimee Talbot, Knowledge Lawyer

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.

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Perspective - Blog

The Terminator: A Tale of Two Insurance Claims

Published on 19 Dec 2023. By Peter Mansfield, Partner

It is 2029, and the Machines are losing their war with Humanity. What to do?

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