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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.

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.

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.

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

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.

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?

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

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

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.

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.

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

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

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.

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.

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.

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

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.

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.

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.

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.

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.

Medical device concerns and MHRA compliance

Published on 16 Oct 2017.

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

China's Clinical Trials

Published on 10 Oct 2017.

China - an emerging market for clinical trials

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

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.

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

"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.

Dealing with HMRC information notices

Published on 04 Jul 2024. By Adam Craggs, Partner and Daniel Williams, Associate

Considering three common types of HMRC information notices and the extent to which they can be challenged.

Taxpayer's appeal against refusal of CGT loss relief claim allowed

Published on 27 Jun 2024. By Alexis Armitage, Senior Associate

Tax Tribunal confirms CGT relief for loan to trader not prevented by capitalisation of loan.

Tribunal awards taxpayer his costs due to HMRC's unreasonable conduct

Published on 20 Jun 2024. By Jasprit Singh, Associate

In Aftab Ahmed v HMRC [2024] UKFTT 00236 (TC), the First-tier Tribunal granted the taxpayer's application for costs as HMRC had acted unreasonably in defending the appeal.

Tribunal allows entrepreneurs' relief appeal

Published on 13 Jun 2024. By Keziah Mastin, Associate

In Cooke v HMRC [2024] UKFTT 272 (TC), the FTT allowed the taxpayer's appeal against HMRC's refusal of entrepreneurs' relief

What happens in an HMRC criminal investigation

Published on 06 Jun 2024. By Adam Craggs, Partner and Michelle Sloane, Partner

Tribunal dismisses HMRC's appeal and confirms transactions did not give rise to a taxable remittance

Published on 30 May 2024. By Liam McKay, Senior Associate

In dismissing HMRC's appeal, the Upper Tribunal confirmed that transactions entered into by the taxpayers for the sale of shares did not amount to a taxable remittance under section 809L of the Income Tax Act 2007 because no service was provided in the UK.

Key features of the new non-UK domicile regime

Published on 29 May 2024. By Michelle Sloane, Partner and Jasprit Singh, Associate

The UK government's unexpected announcement in Spring Budget in March on the taxation of non-domicile individuals has sparked concerns and much comment. It represents a major change to the current system of taxation, which is more than 200 years old.

Taxpayers' application for  protective costs order against HMRC refused

Published on 20 May 2024. By Alexis Armitage, Senior Associate

UT dismisses taxpayer's application for a protective costs order against HMRC.

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.

Contentious Tax Update

Published on 16 May 2024. By Harry Smith, Senior Associate and Adam Craggs, Partner

Harry Smith and Adam Craggs examine developments in relation to DOTAS, R&D enquiries, and the Economic Crime and Transparency Act.

Tribunal allows taxpayer's appeal in R&D case against penalty assessment for careless inaccuracy

Published on 03 May 2024. By Jasprit Singh, Associate

In H & H Contract Scaffolding Ltd v HMRC [2024] UKFTT 00151 (TC), the First-tier Tribunal (FTT) allowed the taxpayer's appeal against a penalty assessment as the inaccuracy in the tax return was not careless.

Contentious tax quarterly: Spring review

Published on 01 May 2024. By Adam Craggs, Partner and Harry Smith, Senior Associate

The last few months have seen a flurry of activity in relation to the DOTAS regime, with HMRC seeking to register arrangements retrospectively and apply substantial penalties for failure to register. Woes continue for those unfortunate enough to have R&D claims under enquiry, and the Economic Crime and Corporate Transparency Act 2023 gives HMRC a significant new tool in relation to suspected criminal activity by bodies corporate and partnerships.

Costly objection by HMRC

Published on 15 Apr 2024. By Harry Smith, Senior Associate

FTT allows costs application where HMRC acted unreasonably in opposing specific disclosure application.

Let us in!

Published on 20 Jun 2023. By Adam Craggs, Partner and Michelle Sloane, Partner

Adam Craggs and Michelle Sloane explain what a business should do should HMRC come calling unexpectedly.

Are you ready for the Economic Crime Levy?

Published on 14 Mar 2023. By Adam Craggs, Partner and Michelle Sloane, Partner

On 28 February 2023, HM Treasury published draft regulations, together with an explanatory memorandum, that revise and make further provision for assessment, payment, collection, and enforcement of the Economic Crime Levy (ECL).

Couldn’t careless? Reasonable care and the role of professional advisers

Published on 27 Feb 2023. By Adam Craggs, Partner

Whilst taking professional advice will usually mean a taxpayer has taken reasonable care, not taking advice does not necessarily mean a taxpayer has been careless.

Victory – but at what cost?

Published on 31 Jan 2023. By Adam Craggs, Partner and Harry Smith, Senior Associate

From a review of recent costs decisions handed down by the FTT, it is difficult to escape the conclusion that the FTT can be guilty of inconsistency and results-led reasoning when exercising its jurisdiction in relation to costs orders.

Tribunal allows taxpayer's appeal and confirms its holding in another company constituted a "structural asset"

Published on 02 Nov 2022.

Tribunal allows taxpayer's appeal and confirms its holding in another insurance company constituted a "structural asset" for the purpose of section 137, Finance Act 2012.

Upper Tribunal agrees with the taxpayer on payments to secure changes to pension arrangements

Published on 26 Oct 2022. By Keziah Mastin, Associate

The Upper Tribunal allowed E.ON's appeal against HMRC's decisions imposing income tax and national insurance contributions to facilitation payments for changes to pension arrangements.

Lack of documentary evidence no bar to proving capital loss claim

Published on 19 Oct 2022. By Liam McKay, Senior Associate

Allowing the taxpayers' appeal, the First-tier Tribunal held the Appellant was entitled to claim a capital loss from an earlier tax year to reduce the capital gains tax due on a gain realised by him on the sale of a commercial property because the claim was notified in time, and that inaccuracies in the Appellant's return had not been brought about deliberately.

HMRC's Ramsay argument fails

Published on 12 Oct 2022. By Harry Smith, Senior Associate

HMRC loses capital allowances case as Ramsay argument fails.

Tribunal considers salaried member rules for the first-time and allows taxpayer's appeal in part

Published on 05 Oct 2022. By Alexis Armitage, Senior Associate

Tribunal considers salaried members rules for the first-time allowing taxpayer's appeal in part

New powers proposed to enable law enforcement agencies to seize crypto assets

Published on 28 Sep 2022. By Adam Craggs, Partner

On 22 September, the UK government introduced The Economic Crime Bill. The Bill contains provisions to make it quicker and easier for law enforcement agencies, such as the National Crime Agency, to seize, freeze and recover cryptoassets used by criminals to launder the proceeds of crime.