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Perspective - Blog

Ireland Voted Yes – What next?

Published on 30 May 2018. By Genevieve Isherwood, Senior Associate

Considers yes vote in Irish abortion referendum

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Perspective - Blog

Landmark decision in Metal-on-Metal Hip product liability litigation

Published on 21 May 2018. By Genevieve Isherwood, Senior Associate

Considers the decision in the DePuy Pinnacle Metal-on-Metal hip litigation and what impact this will have on manufacturers and their insurers.

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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, 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 - 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 - Publication

Product bulletin – August 2024

Published on 08 Aug 2024. By Gavin Reese, Partner, Head of Regulatory and Fiona Hahlo, Partner and Mamata Dutta, Partner and Elinor Sidwell, Associate and Andrew Martin, Associate and Rashna Vaswani, Associate

Welcome to the latest edition of our product law bulletin, this month we focus on: • Toy Stor-E.U. • Automated Vehicles Act comes into force • A new regime for Connectable Products • The UK sees new E. coli outbreaks • EU Product Liability Directive • EU proposes new template for product recall notices • Product Safety and Metrology Bill

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Perspective - Blog

Further welcome news from the FCA – this time on co-manufacturing

Published on 08 Aug 2024. By Jonathan Charwat, Partner and Lauren Murphy, Senior Associate

Following on from our earlier blog, our review of the FCA's 'Discussion Paper' (DP24/1) continues, this time considering the rules relating to co-manufacturers of insurance products.

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Perspective - Publication

ML Covered - July 2024

Published on 07 Aug 2024. By Matthew Watson, Partner and Rachael Healey, Partner and Kim Wright, Senior Associate and Zoe Melegari, Senior Associate and Andrew Oberholzer, Senior Associate and Charlotte Bray, Associate

Welcome to the first edition of ML Covered, our new monthly round-up of key events that are relevant for those dealing with Management Liability Policies covering D&O, EPL and PTL-type risks.

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Perspective - Blog

Potential deregulation and a pragmatic approach to commercial insurance – welcome news from the FCA

Published on 01 Aug 2024. By Jonathan Charwat, Partner and James Houlihan, Associate

The FCA has published a 'Discussion Paper' (DP24/1) seeking feedback on its rules on commercial insurance including in respect of the types of commercial customers in-scope, co-manufacturing of products and bespoke insurance products.

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Perspective - Blog

Right language, right place: What King Trader can teach us about the placement of language within insurance policy wordings

Published on 24 Jul 2024. By Tamsin Hyland, Partner

The recent High Court judgment of MS Amlin Marine NV on behalf of MS Amlin Syndicate AML/2001 -v- King Trader Ltd & others (Solomon Trader) [2024] EWHC 1813 (Comm) is the latest in a string of recent decisions that shine a light on the construction of insurance policy wordings.

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Perspective - Blog

"Let form follow function" in insurance policy drafting: Technip, Project Angel and … the Bauhaus?

Published on 24 Jul 2024. By Tamsin Hyland, Partner

The Bauhaus is a fascinating art movement that emerged in Germany from the dying embers of the first world war. Showing up in architecture and product design primarily, at its heart were the principles of simplicity and usefulness and the imperative to create beautiful things through purposeful utilitarianism. A now ubiquitous phrase, that is a lasting legacy of the Bauhaus, underpinning many fundamental design ideas is this: "let form follow function".

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Perspective - Podcast

The arbitration of insurance disputes (With Jonathan Wood)

Published on 17 Jul 2024.

Welcome to Insurance Covered, the podcast that covers everything insurance. In this episode Peter is joined by Jonathan Wood, President of the Chartered Institute of Arbitrators and fellow RPC lawyer. In this episode they discuss arbitration with a particular focus on insurance disputes.

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Perspective - Publication

New Labour government – what is in store for the UK?

Published on 09 Jul 2024. By Rachael Healey, Partner

We have a new Labour Party government for the first time in 14 years. The new government has already made various announcements, with more set to follow in the coming days, and then we have the King’s Speech on 17 July, when the Labour Party will set out its opening legislative agenda – but what can we expect from the new government impacting services regulated by the Financial Conduct Authority, pensions and accountants?

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Perspective - Podcast

Northern Ireland and the art of dispute resolution (With Lord Peter Hain)

Published on 09 Jul 2024.

Welcome to Insurance Covered, the podcast that covers everything insurance. In this episode Peter is joined by Lord Peter Hain, former Secretary of State for Northern Ireland and member of Tony Blair and Gordon Brown's Government. In this episode they discuss Peter's involvement in the Good Friday agreement where a peaceful end to hostilities in Northern Ireland was successfully negotiated.

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Perspective - Blog

Compulsory mediation in small claims: a quick guide for the busy lawyer

Published on 28 Jun 2024. By Kirstie Pike, Partner and James Ainsworth, Senior Associate

A new pilot scheme requiring parties in money claims valued at up to £10,000 to take part in a compulsory free one-hour mediation appointment, provided by HMCTS' Small Claims Mediation Service – before the claim can then proceed to Court if no settlement is reached.

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Perspective - Podcast

5 things every insurance professional should do at the start of their career (With Samantha Lydon)

Published on 20 Jun 2024.

Welcome to Insurance Covered, the podcast that covers everything insurance. In this episode Peter is joined by Samantha Lydon, Founder of Empower Development, and in this episode they discuss the 5 things every insurance professional should do at the start of their career.

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Perspective - Publication

Navigating the digital shift: balancing efficiency and customer care in insurance brokerage

Published on 23 May 2024. By Kirstie Pike, Partner

Workflow and process efficiency is something that insurance brokers report as one of their main challenges year on year. As technology accelerates faster than ever before, using data and technology is critical to providing exceptional customer service and improving productivity, but what are the risks involved in automation?

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Perspective - Podcast

Rising to the challenge of social inflation (With Marc Adee)

Published on 22 May 2024.

Welcome to Insurance Covered, the podcast that covers everything insurance. In this 2 part series, Peter is joined by Marc Adee, CEO and Chairman of Crum & Forster to discuss social inflation the causes, challenges and consequences of it and the steps that can be taken to mitigate the challenges.

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Perspective - Publication

General Liability newsletter – May 2024

Published on 13 May 2024. By Gavin Reese, Partner, Head of Regulatory and Fiona Hahlo, Partner and Beth Lewis, Associate and Sally Lord, Knowledge Lawyer Manager

Welcome to the latest edition of our general liability newsletter, rounding up some of the key cases from the last few months.

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Perspective - Publication

Money Covered: The Week That Was – 10 May

Published on 10 May 2024. By Rachael Healey, Partner and Robert Morris, Partner and David Allinson, Partner and George Smith, Partner

Welcome to The Week That Was, a round-up of key events in the financial services sector over the last seven days.

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Perspective - Podcast

Star Wars special: The insurance of the Death Star

Published on 09 May 2024.

Welcome to Insurance Covered, the podcast that covers everything insurance. In this episode we are doing something a little different, Peter is joined by an ensemble cast of experts to answer the question, in the Star Wars universe, could the Death Star be insured, and if so, what policies would cover it.

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Perspective - Publication

Money Covered: The Week That Was – 3 May

Published on 03 May 2024. By Rachael Healey, Partner and Robert Morris, Partner and David Allinson, Partner and George Smith, Partner

Welcome to The Week That Was, a round-up of key events in the financial services sector over the last seven days.

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Perspective - Publication

Money Covered: The Week That Was – 26 April

Published on 26 Apr 2024. By Rachael Healey, Partner and Robert Morris, Partner and David Allinson, Partner and George Smith, Partner

Welcome to The Week That Was, a round-up of key events in the financial services sector over the last seven days.

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