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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, Senior 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, Senior 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, Senior 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 - Publication

Government to cover negligence claims against GPs

Published on 17 Oct 2017. By Dorothy Flower, Partner

Government to cover negligence claims against GPs

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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

Myth busting and moving the dial in DEI

Published on 20 Aug 2024. By Kelly Thomson, Partner, ESG strategy lead and Rachel Pears, Head of Responsible Business and Katie Horn, DEIB and Responsible Business Manager (Market Facing)

This article is a summary of a session delivered by Kelly Thomson (Partner, Employment, Engagement & Equality and ESG Strategy Lead at RPC) and Rachel Pears (Head of Responsible Business at RPC), at the second Annual D&I Conference, in partnership with the British Retail Consortium (BRC). During this particular session, common myths and misconceptions surrounding Diversity, Equity and Inclusion (DEI) were discussed and different sides of various issues were dissected, drawing out the nuances of seemingly polarised positional statements. Below, we address a handful of these myths, offering a balanced perspective on the complexities of DEI and exploring how to drive meaningful progress in our organisations.

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Perspective - Publication

Banking and Financial Markets Litigation Update - Summer 2024

Published on 29 Jul 2024. By Jonathan Cary, Partner and Jessica Davies, Associate and Olivia Dhein, Knowledge Lawyer and Jake Hardy, Partner and Simon Hart, Partner, Head of Banking & Financial Markets Disputes and Charlotte Henschen (née Ducker), Partner and Tom Hibbert, Partner, Global Head of Commercial Disputes and Tim Potts, Senior Associate and Chris Ross, Partner and Emily Saffer, Associate and Christopher Wheatley , Senior Associate and Alan Williams, Partner

This update is brought to you by RPC’s top tier banking and financial markets disputes practice in London, with specialists in all areas of financial markets litigation (and arbitration) and a wealth of expertise including frequent involvement in the most complex, high-value, and high-profile disputes in the sphere. Here, we take a look at some of the most important judgments in recent months.

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Perspective - Publication

CAT Collective Proceedings - Summer 2024 update

Published on 24 Jul 2024. By Chris Ross, Partner and David Cran, Partner, Head of IP & Tech and Zoe Mernick-Levene, Partner

Developments in the UK’s competition collective proceedings regime continue apace with new claims recently issued in the Competition Appeal Tribunal (CAT).

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Perspective - Blog

No objection: When is a party barred from challenging jurisdiction where it continues in the arbitration?

Published on 22 Jul 2024. By Tatiana Minaeva, Partner and Head of Investor-State Arbitration and Fred Kuchlin, Senior Associate

The High Court has provided invaluable guidance on the factors that it will consider when determining when a party is barred from challenging jurisdiction under s. 67 of the Arbitration Act 1996 (the Act) by failing to raise an objection while continuing to take part in the arbitration.

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Perspective - Blog

Employer lessons from teacher's menopause bias win

Published on 17 Jul 2024. By Kelly Thomson, Partner, ESG strategy lead and Ellie Gelder, Senior Editor Employment & Equality

On May 31, a Scottish employment tribunal made its decision in Allison Shearer v. South Lanarkshire Council and awarded a teacher over £60,000 ($77,829) for disability discrimination and unfair dismissal, following her dismissal for ill health after a period of long¬term sickness absence.

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Perspective - Blog

Crypto damages quantification: valuation at the date of breach or date of judgment?

Published on 10 Jul 2024. By Dan Wyatt, Partner and Christopher Whitehouse, Senior Associate

In Southgate v. Graham [2024] EWHC 1692 (Ch), the High Court addressed an appeal from the County Court concerning inter alia the appropriate date for assessing damages in a cryptocurrency loan dispute. Initially, the County Court determined that the damages should be based on the cryptocurrency's fiat value at the breach date. Due to the volatility of the cryptocurrency, this decision would have resulted in significantly lower fiat damages award than if the valuation were based on a later date. The High Court allowed the valuation date part of the appeal, directing a further hearing to establish the appropriate date.

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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 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

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

Recent CAT rulings consider distribution concerns

Published on 13 Jun 2024. By Chris Ross, Partner and William Carter, Senior Associate

With two collective settlements now approved by the UK's Competition Appeal Tribunal (CAT) and the outcome of the first substantive trial in the case of Le Patourel v BT anticipated shortly, it is an important time for the competition collective proceedings regime as the first sums start to be paid out to affected classes.

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Perspective - Blog

Summary judgment against persons unknown – a tale of two crypto judgments

Published on 09 May 2024. By Dan Wyatt, Partner and Christopher Whitehouse, Senior Associate

Two recent crypto judgements in the High Court, Mooij v Persons Unknown (February 2024) and Boonyaem v Persons Unknown (December 2023) reached different conclusions regarding whether a summary judgment could be granted against unidentified (and unidentifiable) fraudsters, with Mooji deciding 'yes' and Boonyaem deciding 'no'.

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Perspective - Blog

UK CAT Collective Proceedings Spring 2024 Update

Published on 30 Apr 2024. By David Cran, Partner, Head of IP & Tech and Chris Ross, Partner

Last year, we reported on what was then a fledgling collective proceedings regime in the UK’s Competition Appeal Tribunal (CAT). Our 2023 update is here. Since then, the competition collective proceedings regime has continued to grow at pace, notwithstanding the seismic Supreme Court decision in PACCAR affecting the underlying funding arrangements which underpin the entire collective proceedings landscape.

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Perspective - Blog

Supreme Court confirms no knowing receipt claim where equitable interest is destroyed: Byers v Saudi National Bank

Published on 17 Apr 2024. By Jake Hardy, Partner and Ana Margetts, Associate

In Byers v Saudi National Bank, the Supreme Court affirmed the findings of the lower courts by holding that a claim for knowing receipt cannot be made if a claimant’s equitable interest in the property in question has been extinguished by the time of the defendant’s knowing receipt of the property.

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Perspective - Publication

CRE funds – targets for future litigation

Published on 20 Mar 2024. By Jake Hardy, Partner and Tom Hibbert, Partner, Global Head of Commercial Disputes

There was a wave of negative press about commercial real estate funds during the course of 2023. The higher interest rate environment and the pandemic’s economic and social legacy has stressed the sector. This was reflected in suspensions of redemptions by funds including BlackRock UK Property Fund and Blackstone’s (US) Blackstone Real Estate Income Trust, and the closure of the M&G Property Portfolio fund. Asset valuation concerns are leading to many CRE funds trading at a significant discount to their net asset value. Shortsellers are circling – see for instance, Muddy Waters’ disclosure of a large short position on the Blackstone Mortgage Trust.

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Perspective - Blog

Merchants Beat Venice: Court of Appeal finds that local authority of Venice did have capacity to enter into Interest Rate Swaps

Published on 19 Mar 2024. By Simon Hart, Partner, Head of Banking & Financial Markets Disputes

In a significant judgment in Banca Intesa Sanpaolo and Dexia Credit Local SA v Comune di Venezia [2023] EWCA Civ 1482, the Court of Appeal overturned the findings of the High Court

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Perspective - Blog

BT case may shape UK class action landscape

Published on 05 Mar 2024. By Chris Ross, Partner 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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Press and Media

RPC features multiple times in the Solomonic 2023 High Court Disputes Year in Review

Published on 07 Feb 2024.

International law firm RPC has earned significant recognition for its leading disputes practice, in the highly-regarded Solomonic 2023 Year in Review of High Court Disputes.

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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 and Victoria Othen, External Consultant

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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Press and Media

The Times recognises RPC among Best Law Firms 2024

Published on 30 Oct 2023.

International law firm, RPC, has been recognised by The Times in its Best Law Firms 2024 report, an annual ranking of the top 250 law firms in England and Wales.

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