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24 February 2017 / Thomas Jervis , Jill Paterson
Issue: 7735 / Categories: Features , Personal injury
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About time

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Jill Paterson & Thomas Jervis consider the High Court’s latest limitation decision

  • Unusual spinal injuries case in which the High Court granted permission for a product liability claim to continue following preliminary issue trial of limitation.

In Keith Malcolm Lewin v Glaxo Operations UK Limited [2016] EWHC 3331 (QB) the High Court has granted permission for a product liability claim to continue following a preliminary issue trial of limitation. In this unusual spinal injuries case, the court was asked to determine whether the claim was statute barred under the Limitation Act 1980.

Background

The claimant, a 59-year-old solicitor, is pursuing a product liability claim against an entity of the pharmaceutical giant GlaxoSmithKline for alleged personal injuries and other consequential losses arising out of his exposure to Myodil, an oil based contrast medium, when he underwent a diagnostic myelogram procedure for back pain at Whiston Hospital in 1973. He was 15-years-old at that time. Mr Lewin is now severely disabled and requires the use of a large motorised wheelchair to mobilise after developing a serious spinal

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NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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