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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

New digital markets regime guidance published for consultation

Published on 28 Jun 2024. By Tom McQuail, Partner and David Cran, Partner, Head of IP & Tech and Melanie Musgrave, Of Counsel and Leonia Chesterfield, Of Counsel and Ben Powell, Associate

The Digital Markets, Competition and Consumers Act 2024 received Royal Assent on 24 May 2024. This article considers who will be impacted by the new digital markets regime, the requirements it will introduce, and how it may be enforced, and summarises the CMA’s new draft guidance under consultation on how it intends to implement the regime in practice.

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Perspective - Blog

The Digital Markets, Competition and Consumers Act – the Competition Perspective

Published on 28 Jun 2024. By Tom McQuail, Partner and Chris Ross, Partner and Melanie Musgrave, Of Counsel and Leonia Chesterfield, Of Counsel

This article considers the key changes to general competition law under the Digital Markets, Competition and Consumers Act which received Royal Assent on 24 May 2024 and is expected to enter into force in the Autumn.

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Perspective - Blog

BT case may shape UK class action landscape

Published on 05 Mar 2024. By Chris Ross, Partner and Leonia Chesterfield, Of Counsel and William Carter, Senior Associate

In January, the trial in Justin Le Patourel v. BT Group PLC[1] commenced in the U.K. Competition Appeal Tribunal, or CAT. The trial is scheduled to be heard over eight weeks.

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Perspective - Blog

Collective proceedings - robust approach to determining carriage prior to certification (Hunter v Amazon.com)

Published on 15 Feb 2024. By Chris Ross, Partner and William Carter, Senior Associate

In a recent decision, the CAT has given guidance on how carriage disputes between competing proposed class representatives (PCRs) will be addressed in future.

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Perspective - Blog

Not the last word: High Court holds that ICSID Convention does not effect automatic waiver of immunity

Published on 07 Feb 2024. By Tatiana Minaeva, Partner and Head of Investor-State Arbitration and Kirtan Prasad, Of Counsel

The decision in Border Timbers Ltd v. Republic of Zimbabwe [2024] EWHC (Comm) [2024] EWHC 58 (Comm) considers state immunity under English law in the context of enforcement of ICSID arbitral awards.

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Perspective - Blog

Menopause discrimination: Where are we now?

Published on 16 Nov 2023. By Ellie Gelder, Senior Editor Employment & Equality and Kelly Thomson, Partner, ESG strategy lead

October heralded an important legal first when a Leicester employment tribunal began hearing the case of Rooney v Leicester City Council. It is the first case where a person's menopausal symptoms have been deemed by an appeal court to potentially amount to a disability for the purposes of the Equality Act 2010.

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Perspective - Blog

Coming to a bank near you? How "investment AI" could transform financial mis-selling claims

Published on 09 Nov 2023. By Daniel Hemming, Partner and Olivia Dhein, Knowledge Lawyer

Living under a rock is probably the only way anyone might have escaped the media attention given to ChatGPT and generative AI in recent months. Beyond the (considerable) hype, this technology could have a profound impact on financial mis-selling claims where financial institutions and fund managers turn to the new technology to help them select investments and products.

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Perspective - Blog

UK tech cases warn of liability clause drafting pitfalls

Published on 21 Sep 2023. By Helen Armstrong, Partner

Excluding and limiting liability is a vital part of any commercial contract. The irony, though, is that despite its importance, almost any exclusion or limitation of liability — if pored over to the nth degree — will have some ambiguity in the face of complex and often unforeseen consequences of breach.

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Perspective - Blog

A tool that French law does not like: English Court refuses to grant anti-suit injunction in support of French-seated ICC arbitration

Published on 20 Sep 2023. By Shai Wade, Partner, Head of International Arbitration and Fred Kuchlin, Senior Associate

The English Court has refused to grant an anti-suit injunction (ASI) in support of an ICC arbitration seated in France.

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Perspective - Blog

Adjusting your recruitment process for a candidate with a disability: What is reasonable?

Published on 18 Sep 2023. By Ellie Gelder, Senior Editor Employment & Equality and Charlotte Reid, Senior Associate

The Employment Appeal Tribunal (EAT) has held that a failure to make enquiries into a job applicant's disability amounted to a failure to make reasonable adjustments.

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Perspective - Blog

High Court sets aside disclosure orders against Australian banks in 'lukewarm' pursuit case

Published on 03 Aug 2023. By Charlotte Henschen (née Ducker), Partner and Suera Hajzeri, Associate

In Scenna v Persons unknown using the identity ‘Nancy Chen’[2023] EWHC 799 (Ch), the High Court set aside disclosure orders made against two Australian banks which had previously been granted at an urgent hearing without notice.

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Perspective - Blog

Court of Appeal: strength of a case not a relevant factor for late amendments to statements of case

Published on 03 Aug 2023. By Daniel Hemming, Partner and Alastair Hall, Associate

The Court of Appeal has clarified that once a court has determined that amendments to a statement of case have a real prospect of success, the perceived strength of the case should not be a consideration when determining an application for permission to amend (CNM Estates (Tolworth Tower) Limited v Carvill-Biggs and another). ([2023] EWCA Civ 480)

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Perspective - Blog

Delay at your peril: High Court holds that two week delay causes party to lose right to object to irregularity in arbitration

Published on 02 Aug 2023. By Ana Margetts, Associate and Tatiana Minaeva, Partner and Head of Investor-State Arbitration

In Radisson Hotels v Hayat Otel, (1). the High Court found that the claimant ("Radisson") had lost its right to challenge an arbitration award (the "Award") by continuing to take part in the proceedings for a period of two weeks after becoming aware of improper conduct by one of the arbitrators (the "Arbitrator"). The court also rejected Radisson's subsequent application seeking to redact the identities of the parties and any details which might identify them in the judgment, in order to preserve the confidentiality of the underlying arbitration (2). While the judge acknowledged Radisson's desire to keep the arbitration confidential, this ultimately did not outweigh the general public interest in open justice.

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Perspective - Blog

Best of both worlds with PD57AC? High Court allows opinion evidence in factual witness statement

Published on 02 Aug 2023. By Rosy Gibson, Associate

The High Court has allowed the witness statement of a factual witness even though the claimant had previously intended to instruct him as an expert and his statement contained opinion evidence (Polypipe Limited v Peter Russell Davidson) ([2023] EWHC 1691 (Comm). The judge confirmed that such evidence is admissible where the witness is suitably qualified, but it will not be accorded the same weight as a formal expert report. Separately, this appears to be the first reported case in which the court accepted that permission for an extension to the deadline for expert reports could be made conditional on disclosure of any unserved report(s), though the court declined to prescribe that condition in this case.

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Perspective - Blog

Clear failure required: High Court refuses directions under s 18 of the Arbitration Act 1996 where procedure for appointing arbitrator had not failed

Published on 31 Jul 2023. By Anna Riquetti, Associate and Shai Wade, Partner, Head of International Arbitration

The recent judgment of the English High Court in Global Aerospares Limited v Airest AS [2023] EWHC 1430 (Comm) demonstrates that the court will not issue directions under section 18 of the Arbitration Act 1996 (AA 1996), until it is satisfied that the procedure for appointing an arbitrator has indeed failed. The court dismissed a claim for directions under section 18 which is described as a "gateway provision", providing a way of getting an arbitration started or preventing its abortion where there is a failure in the parties' agreed appointment process. It gives the court powers as to the arbitrator appointments, including the power "to give directions as to the making of any necessary appointments" and "to direct that the tribunal shall be constituted by such appointments … as have been made".

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Perspective - Blog

Confidentiality of arbitration proceedings may not always be protected - The Republic of India v Deutsche Telkom AG [2023] SGCA(I) 4

Published on 20 Jul 2023. By Swee Siang Boey, Partner

In general, arbitration proceedings are confidential. Arbitration-related cases which end up in the courts often are reported only after the names of parties have been anonymised, and it is quite common for a sealing order to be issued on the court file, so as to preserve the confidential nature of the arbitration.

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Perspective - Blog

Scots law decision confirms that privilege doesn’t change its spots

Published on 19 Jul 2023. By Tim Potts, Senior Associate and Parham Kouchikali, Partner

The Scots law judgment in University of Dundee v Chakraborty [2023] CSIH 22 has reiterated that whether or not a document is protected by legal professional privilege is determined at the point in time at which the document is created. A non-privileged document cannot later acquire privileged status. The judgment also made certain findings about waiver of privilege which may be more controversial, particularly in the context of regulatory investigations.

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Perspective - Blog

Strictly need to know: High Court provides further guidance on confidential embargoed draft judgments

Published on 19 Jul 2023. By Dan Wyatt, Partner and Heather Clark, Senior Associate

In a judgment that has recently become available, the English High Court has once again warned parties and their legal representatives of the importance of ensuring that the embargo on sharing confidential draft judgments is not breached, a consistent message with a growing body of case law on this subject. The judgment or its outcome should only be shared with those who need to see the draft judgment or be informed of its contents before the judgment is handed down. If in doubt, parties should seek the court's permission before distributing, or risk being held in contempt of court (R (on the application of Kinsey) v London Borough of Lewisham [2022] EWHC 2723) (1).

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Perspective - Blog

The CPR 3.10 cure: Court of Appeal prioritises substance over form in defective jurisdiction challenge

Published on 03 Jul 2023.

In a recent decision, the Court of Appeal, considered whether a failure to expressly state that an application to strike out a claim on the basis that the court lacked jurisdiction was being made pursuant to CPR 11, was a defect that could be cured by CPR 3.10. The Court of Appeal concluded that it could and the claim was struck out.

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Perspective - Blog

Thirty minutes in Decentraland: A metaverse adventure

Published on 14 Jun 2023. By Christopher Whitehouse, Senior Associate and Becky Baker , Associate

Decentraland is one of the best known 'metaverses' that currently exist. It is a giant virtual world where users can create 'avatars' (a digital representation of yourself) and interact with one another. Users can also buy and develop virtual land, the mechanics of which involve purchasing an NFT (non-fungible token) connected with the relevant land plot. Users can then develop their land and build unique 3D environments.

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Perspective - Blog

The CAT's new approach: I can't afford a carriage (dispute)

Published on 02 Jun 2023. By Chris Ross, Partner and Leonia Chesterfield, Of Counsel

Since the collective proceedings regime in the UK's Competition Appeal Tribunal (CAT) kicked off, a number of carriage disputes have arisen. So-called 'carriage disputes' arise when there are two or more competing proposed class representatives (PCRs) seeking certification (and therefore 'carriage') of overlapping class actions.

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