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Perspective - Blog

Limitation Act 1980 s.32(1): whether a claimant could have discovered fraud with "reasonable diligence" extends to events prior to accrual of the cause of action

Published on 06 Jan 2022. By Jonathan Cary, Partner

The High Court found that, when considering the postponement of the limitation period for the purposes of Section 32(1) of the Limitation Act 1980, the question of whether the claimant could have discovered the fraud with "reasonable diligence" extends to the period before the claimant suffered a loss.

Perspective - Blog

Updated P.R.I.M.E. Finance Arbitration Rules launched for 2022

Published on 09 Dec 2021. By Jonathan Cary, Partner and Jonathan Wood, Partner, Chair of International Arbitration and Olivia Dhein, Knowledge Lawyer

P.R.I.M.E Finance, the Hague-based Panel of Recognised International Market Experts in Finance, has launched updated P.R.I.M.E Finance Arbitration Rules (the Rules), which come into force from 1 January 2022.

Perspective - Blog

Summary judgment application does not amount to submission to English jurisdiction

Published on 09 Dec 2021. By Jake Hardy, Partner and Joe Cresswell, Senior Associate

Does applying for summary judgment application before the determination of a parallel application for a stay, amount to a step in the proceedings that results submission to the jurisdiction?

Perspective - Blog

English Commercial Court upholds the validity of swap contracts entered into by an Italian local authority

Published on 12 Nov 2021. By Tim Potts, Senior Associate and Jake Hardy, Partner

The Commercial Court has found that there was no limitation on the capacity of the Italian local authority Busto di Arsizio to enter into a valid swap contracts with Deutsche Bank.

Perspective - Publication

Disputes Yearbook 2021: Financial disputes

Published on 05 May 2021. By Simon Hart, Partner, Head of Banking & Financial Markets Disputes

As part of the acclaimed Disputes Yearbook, Legal Business interviewed members of our disputes team exploring the litigation landscape and what RPC brings to the table.

Perspective - Blog

EBA encourages banks to pool their resources for cloud audits

Published on 02 Jun 2017.

The EBA has set out that banks are no longer required to provide their auditors (or themselves) with an independent right to audit their cloud service providers.

Profile

Jessica Davies

Perspective - Blog

AI in auditing: Embracing a new age for the profession

Published on 08 Jul 2024. By Ash Daniells, Senior Associate

Artificial Intelligence (AI) is a rather new concept for many (ignoring those versed in 80’s Sci-Fi movies); it’s something many don’t know much about and certainly don’t use in our day-to-day lives (or at least appreciate we are using). However, that’s not the case for everyone. Auditors have long been reaping the benefits of AI, but are auditors just scratching the surface of what AI can offer and what impact will an increased use have on their insurance requirements and claims they face?

Perspective - Publication

Retail Compass Spring 2024

Published on 15 Apr 2024. By Jeremy Drew, Partner and Karen Hendy, Partner and Ciara Cullen, Partner

Welcome to the Spring edition of Retail Compass, where we guide you through key upcoming legal and policy changes affecting retailers and consumer brands and provide our thoughts on those crucial, need-to-know issues.

Perspective - Blog

Navigating the impact of AI on work: challenges, opportunities, and the human touch

Published on 20 Mar 2024. By Patrick Brodie, Partner

The fear of job losses because of technology and automation, including artificial intelligence, has been with us since the 1960s. For some time, academics have predicted the decline of routine, rules-based and process-driven roles.

Perspective - Blog

Virtual billboards: the future of immersive advertising?

Published on 15 Jan 2024. By Oliver Bray, Senior Partner and Elizabeth Alibhai, Partner and Nick Lauw, Partner

With the deployment of immersive technologies poised to become the norm, the implementation of infrastructure for "virtual billboards", and the "property digital rights" which they demand, is demonstrating a lucrative gap in the market and huge growth potential.

Perspective - Blog

Thaler v Comptroller [2023] UKSC 49: the UKSC rules that AI cannot be an 'inventor'

Published on 10 Jan 2024. By Matthew Jones, Partner

To the surprise of no one, the UK Supreme Court (UKSC) has finally ruled that an artificial intelligence (AI) cannot be an inventor for the purposes of UK patent law. This judgment accords with the decisions of the lower courts in the UK and the initial ruling of the UKIPO. It also reflects similar findings from most of courts around the world where the claimant, Dr Thaler, brought similar actions.

Press and Media

Thaler v Comptroller [2023] UKSC 49: the UKSC rules that AI cannot be an 'inventor'

Published on 10 Jan 2024. By Matthew Jones, Partner

To the surprise of no one, the UK Supreme Court (UKSC) has finally ruled that an artificial intelligence (AI) cannot be an inventor for the purposes of UK patent law. This judgment accords with the decisions of the lower courts in the UK and the initial ruling of the UKIPO. It also reflects similar findings from most of courts around the world where the claimant, Dr Thaler, brought similar actions.

Perspective - Blog

12 top tips for using AI in retail and consumer businesses

Published on 18 Dec 2023. By Praveeta Thayalan, Knowledge Lawyer

Last year, we set out our top ten tips for retailers entering the metaverse. This year, AI is the hot topic in retail and pretty much everywhere else! AI is redefining the retail and consumer industry. It can improve consume engagement, aid decision-making, curate tailored promotions, improve efficiencies, and reduce costs. So what do retailers and consumer bran need to be mindful of when deploying AI?

Perspective - Publication

Retail Compass Autumn 2023

Published on 17 Oct 2023. By Jeremy Drew, Partner and Karen Hendy, Partner and Ciara Cullen, Partner

Welcome to our Autumn edition of Retail Compass, where we guide you through the key legal and policy changes affecting retail and consumer brands and provide our thoughts on those crucial, need-to-know issues.

Perspective - Blog

EU AI ACT-ion stations

Published on 29 Sep 2023. By Helen Armstrong, Partner and Charles Buckworth, Partner

The EU is forging ahead with its vision for AI. With wrapping up talks on the EU AI Act between the EU governments, the Commission and the parliamentary negotiators imminent, we bring you up to date on the EU's risk based approach, the scope of the Act, a timeline, key points that will form the basis of the discussions and next steps.

Perspective - Blog

What To Know About AI Fraudsters Before Facing Disputes

Published on 29 Aug 2023. By Dan Wyatt, Partner and Christopher Whitehouse, Senior Associate

Fraudsters are quick to weaponise new technological developments and artificial intelligence is proving no exception, with AI-assisted scams increasingly being reported in the news, including most recently one using a likeness of a BBC broadcaster.

Perspective - Podcast

AI and ChatGPT in Law firms

Published on 04 Aug 2023.

First published by 39 Essex Chambers, in this episode Patrick Brodie, Head of Employment, Engagement and Equality at law firm, RPC, discusses with Katherine Apps KC the issues raised by the use of large language models (LLMs) such as ChatGPT in a law firm environment.

Perspective - Podcast

Unlocking Generative AI’s Potential: Ethics, Creativity, and Impact

Published on 29 Jun 2023.

What if you could unlock the full potential of Generative AI and its impact on your life and company?

Perspective - Blog

Generative AI and intellectual property rights—the UK government's position

Published on 03 May 2023. By Helen Armstrong, Partner and Jani Ihalainen, Associate and Joshy Thomas, Knowledge Lawyer

The IPO is to produce a code of practice by the summer that will provide guidance to support AI firms in accessing copyright protected works as an input to their models.

Perspective - Publication

Retail Compass Spring 2023

Published on 27 Apr 2023. By Jeremy Drew, Partner and Karen Hendy, Partner

Welcome to our Spring edition of Retail Compass, where we guide you through the key legal and policy changes affecting retail and consumer brands and provide our thoughts on those crucial, need-to-know issues.

Perspective - Blog

Understanding and managing the risks in artificial intelligence (AI) technology projects

Published on 12 Apr 2023. By Helen Armstrong, Partner and Ricky Cella, Senior Associate and Joshy Thomas, Knowledge Lawyer

How do you go about managing the risks and challenges that might arise during the deployment of AI technology?

Press and Media

RPC reacts to UK Government White Paper on AI

Published on 30 Mar 2023. By Jon Bartley, Partner and Ciara Cullen, Partner and Richard Breavington, Partner and Kelly Thomson, Partner, ESG strategy lead and Helen Armstrong, Partner and Patrick Brodie, Partner and Mamata Dutta, Partner

RPC reacts to UK Government White Paper on AI

Perspective - Publication

What if the CEO asks me about... using Artificial Intelligence in our Retail stores?

Published on 28 Mar 2023. By Paul Joukador, Partner

The term "artificial intelligence" (AI) describes a range of technologies that enable machines to perform tasks that typically require human intelligence, such as the ability to comprehend, act and learn.

Perspective - Blog

AI technology projects – the regulatory landscape

Published on 24 Feb 2023. By Helen Armstrong, Partner and Ricky Cella, Senior Associate and Joshy Thomas, Knowledge Lawyer

Parties engaged in AI technology projects should be mindful of the regulatory landscape, and the changes taking place within it. A failure to do so could result in an AI solution that is not compliant from a regulatory perspective, the use of which potentially creates risk for the technology provider and user.

Perspective - Snapshot

ICO publishes guidance on AI decision making

Published on 02 Nov 2020. By Oliver Bray, Senior Partner

How can companies comply with data regulation when using AI to make decisions affecting individuals?

Perspective - Blog

Need a psychiatrist? There's an app for that!

Published on 18 Jun 2024. By Emma Kislingbury, Senior Associate

The Medicines and Healthcare products Regulatory Agency (MHRA) and the National Institute for Health and Care Excellence (NICE) have commissioned research to explore the public perception of Digital Mental Health Technology (DMHT).

Perspective - Blog

The UK and EU propose bans on 'forever chemicals' (PFAs) – Great for the environment but what about the medical industry?

Published on 14 Mar 2024. By Victoria Lawman, Trainee Solicitor

'Forever chemicals', which are used in countless industries worldwide, have been linked to a range of health issues.

Perspective - Blog

The results are in: Physician and Anaesthetic Associates pose "a significant risk to patient safety" according to latest BMA opinion poll

Published on 12 Mar 2024. By Alice Lacey, Associate

A BMA survey completed by over 18,000 UK doctors has flagged significant concerns regarding the way Physician Associates (PAs) and Anaesthetic Associates (AAs) work within the NHS. The news comes as the Government implements plans to roll out a rapid medical associate recruitment plan and regulate associates through the General Medical Council (GMC), the doctors' regulator. In this blog we look at the reasons behind the backlash and how this may impact our healthcare and insurer clients.

Perspective - Blog

Weighing up the risks: Remote GP consultations

Published on 02 Feb 2024. By Shireen Hussain, Paralegal

Telephone and online GP appointments risk harming patients, according to a study published by the British Medical Journal (BMJ) in November 2023. The study found that remote consultations have been linked to an increase in fatalities due to serious health conditions, that would likely have been picked up at face-to-face appointments.

Perspective - Blog

Weight loss jabs – a litigation time bomb

Published on 15 Jan 2024. By Victoria Lawman, Trainee Solicitor

Weight loss jabs like Ozempic are giving rise to new health concerns. Litigation is emerging in the US with firms claiming that cases will be in the thousands.

Perspective - Blog

Cutting the red tape: MHRA publish new guiding principles for AI-based medical devices

Published on 22 Nov 2023. By Victoria Lawman, Trainee Solicitor

Developers of AI-based medical devices will benefit from the MHRA's new guiding principles which aim to reduce onerous regulatory requirements.

Perspective - Blog

Mental Health Act v Mental Capacity Act: How to avoid a deprivation of liberty claim

Published on 03 Oct 2023. By Genevieve Isherwood, Senior Associate and Emily Snow, Trainee Solicitor

A finding that the detention of a teenager ('JS') with complex mental health issues was unlawfully deprived of her liberty highlights the importance of understanding the interaction between the Mental Capacity Act 2005 (MCA) and Mental Health Act 1983 (MHA).

Perspective - Blog

McCulloch and Others v Forth Valley Health Board [2023]: Bolam is back in the game for consent

Published on 18 Aug 2023. By James Davies, Senior Associate and Emily Snow, Trainee Solicitor

Bolam is well and truly back in the game for consent! The Supreme Court’s decision in McCulloch confirms that the Bolam test should be applied when considering whether alternative treatment options should be discussed with a patient.

Perspective - Blog

General Damages Uplift: Beware

Published on 11 Jul 2023. By Genevieve Isherwood, Senior Associate

A recent decision in Coventry Combined County Court will have far -reaching impact on the valuation of all personal injury claims. The decision of Recorder Jack gives the green light for Claimants to seek higher general damages awards. In clinical negligence claims, where general damages can already be as high as £400,000, this will have significant implications for Defendants and their insurers.

Perspective - Blog

NMC concerns over potentially fraudulent nurse registrations

Published on 28 Jun 2023. By Shireen Hussain, Paralegal

The Nursing and Midwifery Council (NMC) is contacting more than 500 professionals who trained abroad to determine whether they could have gained fraudulent or incorrect entry to the register after unusual and concerning data emerged from one its testing sites.

Perspective - Blog

Met police withdraw: a radical restructuring of mental health provision

Published on 14 Jun 2023. By Genevieve Isherwood, Senior Associate

Metropolitan police officers to be banned from responding to mental health incidents from 31 August 2023.

Perspective - Blog

QOCS rule changes now in force – has the imbalance been restored?

Published on 16 May 2023. By Georgie Jenkin, Associate

A review of the amendments to the QOCS regime and the impact on costs recovery for defendants and insurers.

Perspective - Blog

The Pharmacist will see you now: Independent Prescribing

Published on 20 Mar 2023. By Alice Lacey, Associate and James Davies, Senior Associate

Pharmacist independent prescribing services will be trialled across England in 2023 – a possible game changer for our healthcare system and one to watch for insurers.

Perspective - Blog

'A google map of the body' – how the metaverse is transforming the healthcare industry

Published on 27 Feb 2023. By Ellie McCarthy, Associate

Twins Bernardo and Arthur Lima were born conjoined at the head in Rio de Janeiro, Brazil. At almost four years old, they have undergone seven extensive surgeries in order to be separated. The operations involved almost 100 medical staff and were led by surgeon Dr Noor ul Owase Jeelani in at Great Ormond Street Hospital in London and Dr Gabriel Mufarrej in Brazil.

Perspective - Blog

Weighty issues for diet app developers

Published on 04 Jan 2022. By Dorothy Flower, Partner

2022 is set to be the year of the diet app. The distinction between what is a mere lifestyle app and what should in fact be a regulated medical product or service can be difficult to assess.

Perspective - Blog

New guidance on Machine Learning – plenty for humans to learn too

Published on 04 Nov 2021.

A triumvirate of healthcare regulators has published ten guiding principles (the Principles) concerning the development of Good Machine Learning Practice (GMLP). The Principles shed light on the risks posed by artificial intelligence (AI) products that depend on machine learning. Humans should take note.

Perspective - Blog

Blood Tube Shortage: Testing Times

Published on 03 Sep 2021. By Genevieve Isherwood, Senior Associate

Test tube shortage leading to delays in blood tests; protection for GPs from liability.

Perspective - Blog

The latest addition to Kwasi Kwarteng's reading list

Published on 24 Aug 2021.

The Regulatory Horizons Council report sets out recommendations for medical devices regulations reform in the UK

Perspective - Blog

The government responds to Cumberlege - What now for product liability risks in the life sciences sector?

Published on 26 Jul 2021.

The government has accepted most of Baroness Cumberlege's recommendations, with long term implications for litigation concerning medicines and medical devices.

Perspective - Blog

Life sciences and the Brexit trade agreement of Christmas Eve 2020

Published on 26 Mar 2021.

As the nation prepared for muted Christmas celebrations at the end of last year, those in industry were able to feast on the Trade and Cooperation Agreement settled between the EU and UK on 24 December 2020 (the TCA). The TCA concluded months of uncertainty for the life sciences sector. Companies had been waiting to see how far the UK government would go in agreeing to follow EU standards concerning medicines and medical devices. By the time the EU and UK finally agreed the TCA, questions over life sciences regulations had rocketed up the agenda against a backdrop of vaccines and treatments developed to combat Covid-19.

Perspective - Blog

Covid-19 vaccines: an injection of politics

Published on 07 Jan 2021.

A legacy of the pandemic will be greater debate, amongst politicians and the public, about how life sciences products are brought to the market.

Perspective - Blog

The Nocebo Effect: study into statins signals a timely warning

Published on 17 Nov 2020. By Dorothy Flower, Partner

New study into statins highlights issue of the Nocebo Effect with implications for manufacturers, insurers and society

Perspective - Blog

Buyer Beware: NHSX Guidance on Artificial Intelligence

Published on 15 Oct 2020.

NHSX Guide on AI is a useful resource for manufacturers and insurers in mitigating litigation risks

Perspective - Blog

Parents contest NICE Cannabis Guidelines at Court

Published on 16 Sep 2020.

A family is seeking judicial review of NICE guidelines in the hope that doctors are more likely to prescribe cannabis-based medicines. The outcome could have significant consequences for the healthcare sector.