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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

Consumer friendly compliance – guidance for retailers and consumer brands on the DMCC Bill

Published on 15 May 2024. By Eve Matthews, Associate

Following receipt of some 372 responses to the "Smarter Regulation: Improving consumer price transparency and product information for consumers" Consultation, the government has published its response in which it proposes significant amends to the Price Marking Order alongside new additions to the DMCC Bill.

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Perspective - Blog

Higher stakes cybercrime – prepare now

Published on 08 May 2024. By Elizabeth Zang, Associate and Richard Breavington, Partner

Cybercrime continues to increase and shows no signs of stopping.

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Perspective - Blog

Food and beverage 2050: The transition to net zero

Published on 02 May 2024. By Karen Hendy, Partner, Head of Corporate and Rosamund Akayan, Knowledge Lawyer

Following publication in October 2023 of its final Disclosure Framework for private sector entities to transition to a net zero economy, the TPT published draft Food & Beverage Sector Guidance in November 2023.

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Perspective - Blog

Virtual advertising: a glimpse into the future

Published on 30 Apr 2024. By Elizabeth Alibhai, Partner and Lola Akinloye, Associate

Virtual advertising and experiences are transforming the way real world property can be used by turning it into a canvas for digital content.

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Perspective - Blog

The rise of recommerce

Published on 25 Apr 2024. By Ciara Cullen, Partner and Emma Dunnill, Senior Associate

Recommerce (which includes reselling, renting, refilling, repairing or reusing goods) is already an extremely valuable business model, estimated by Barclays to be worth almost £7bn in the UK alone and expected by Visa to increase to £82bn by 2030. This growth – particularly in respect of resale – is widely regarded as being driven by Gen Z consumers, over two thirds of whom now prefer to buy second-hand over new goods, in part, due to sustainability concerns.

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Perspective - Blog

Green claims: key takeaways from the CMA's first investigation

Published on 04 Apr 2024. By Ciara Cullen, Partner and Sophie Tuson, Senior Associate and Lewis Manning, Associate

After much anticipation, the Competition and Markets Authority (CMA) has finally published the results of its investigation into green claims made by ASOS, Boohoo and George at Asda. All three retailers have signed undertakings committing to change the way they promote their green credentials and to set up robust internal processes to ensure future green claims are not misleading.

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Perspective - Blog

Progress on sustainability in fashion: the move to circularity

Published on 27 Feb 2024. By Ciara Cullen, Partner and Sophie Tuson, Senior Associate

According to the WRAP report, it is estimated that the fashion and textiles sector accounts for up to 8% of global greenhouse gas emissions and uses 93 billion cubic meters of water each year.

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Perspective - Blog

What if the CEO asks me about… preparing for new sustainability reporting requirements?

Published on 07 Dec 2023. By Connor Cahalane, Partner, Head of Public Companies and Sophie Tuson, Senior Associate

There is an increasingly complex web of sustainability reporting requirements for companies across the world (either in force or in the pipeline). The ISSB standards seek to set a global baseline for sustainability reporting to ensure consistency and comparability of companies' disclosures. With UK implementation of the standards expected next year, retailers and consumer brands should take steps now to prepare. We outline the current plans for sustainability reporting under the ISSB standards in the UK and flag practical steps that businesses should take to prepare.

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Perspective - Blog

Timely reminder of risks in cloud contracts

Published on 19 Oct 2023.

Over the last decade, cloud solutions have become popular tools to facilitate the digital transformation of businesses, and the retail sector is no exception in its uptake of cloud services.

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Perspective - Blog

Is TikTok the key to the bricks-and-mortar retail revival?

Published on 21 Sep 2023. By Ela Broderick-Basar, Associate

Against the backdrop of sustainably-minded shoppers and cost-conscious consumerism, one of the key focuses for the retail sector in 2023 was (and still remains) the 'revival' of the UK high street.

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Perspective - Blog

What is driving the fashion retail insolvencies spike?

Published on 23 Aug 2023. By Finella Fogarty, Partner, Head of Restructuring & Insolvency

What is driving the fashion retail insolvencies spike?

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Perspective - Blog

THE RISE OF THE DE-INFLUENCER: What does this mean for brands?

Published on 25 Jul 2023. By Ela Broderick-Basar, Associate

Over the past decade, advertisers have increasingly capitalised on the 'influence' of influencers to help shape and create consumer demand for their products and services. In turn, influencers are able to monetise their social media content and connections with brands, creating a symbiotic relationship between the two.

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Perspective - Blog

EU set to tackle greenwashing with Green Claims Directive

Published on 15 May 2023. By Ciara Cullen, Partner and Sophie Tuson, Senior Associate

On the 22 March 2023, the European Commission published its proposal for a new 'Green Claims Directive' setting out standardised rules for the assessment, substantiation and communication of green claims.

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Perspective - Blog

Luxury today - go green or go home?

Published on 09 May 2023. By Chloe Shum, Trainee Solicitor

"Sustainability" is the new buzzword in marketing.

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Perspective - Blog

A bolstering of the consumer protection regime and some sharper teeth for the CMA – a first look at the new UK Digital Markets, Competition and Consumers Bill

Published on 03 May 2023. By Ciara Cullen, Partner and Hettie Homewood , Senior Associate

It's been a little over a year in the making, and it's been one of the most hotly anticipated legislative updates since it was first announced in April 2022, but the first draft of the UK's catchily titled Digital Markets, Competition and Consumers Bill, is finally here.

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Perspective - Blog

Going Green - Draft Sustainability Guidance from the CMA

Published on 03 Apr 2023. By Ciara Cullen, Partner and Melanie Musgrave, Of Counsel and Sophie Tuson, Senior Associate

Following its public consultation, the CMA has published its advice to government on how competition and consumer laws can help meet the UK's environmental goals.

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Perspective - Blog

Total Recall – modernising recall notices for 2023

Published on 10 Mar 2023. By Mamata Dutta, Partner and Andrew Martin, Associate

Historically, consumers purchased products on the high street from particular retailers or from specific consumer brands' shops. Repeat visitors in store were commonplace. However, consumers now have a swathe of buying routes available to them – whether to purchase goods in-store, through a large range of retailers or online. Whilst hugely beneficial in some respects, this can present challenges for retailers in the event of needing to initiate a product recall. How do you track down the relevant consumers in such circumstances, and to what lengths are retailers and consumer brands expected to go?

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Perspective - Blog

Snapshot on key 'green claims' developments

Published on 17 Feb 2023. By Ciara Cullen, Partner and Sophie Tuson, Senior Associate

As consumers increasingly demand more sustainable products, businesses are innovating to reduce their environmental impact. This has driven an increase in the use of 'green' marketing claims and, with it, increased scrutiny by consumer regulators seeking to protect consumers from the risk of 'greenwashing'. Significant developments are ongoing in this area, both in the UK and the EU.

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Perspective - Blog

Protests on the rise – are you covered?

Published on 30 Jan 2023. By Edward Colville, Partner and Peter Mansfield, Partner and Sally Lord, Knowledge Lawyer

With public focus on political issues running high, the possibility of protests interrupting your business should be on every retailer and consumer brand's risk management agenda.

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Perspective - Blog

Lifting the veil on cyber threats for retailers

Published on 12 Jan 2023. By Bethan Griffiths, Senior Associate

Almost all UK businesses (approximately 98%) now operate online in some capacity, benefiting hugely from an increased use of online websites, social media accounts, and online banking

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Perspective - Blog

Hype Economics: the haves and the have bots

Published on 01 Nov 2022.

With the most wanted items selling out in the blink of an eye, consumers are leveraging automation to get ahead. Is the use of bots creating more than a moral dilemma for retailers?

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Perspective - Blog

Ten tips for retailers entering the metaverse

Published on 25 Oct 2022. By Paul Joukador, Partner and Hettie Homewood , Senior Associate

Once the province of online gaming and social media, the metaverse is the new hot topic in retail.

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Perspective - Blog

Vertical Agreements: The New Reality

Published on 07 Oct 2022. By Melanie Musgrave, Of Counsel

For those operating in the retail sector (amongst others), 1st June 2022 saw changes to the UK and EU competition law rules and the "safe harbour" or exemption from the application of competition law for certain types of vertical agreements, i.e. for contractual parties operating at different levels of the supply chain.

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